P.Chellappa Gounder v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26/11/2015 C O R A M THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM Writ Petition No.37610 of 2015 P. Chellappa Gounder

...Petitioner

Vs

1. The Chairman O/o. The Tamil Nadu Electricity Board Anna Salai Chennai 600 002.

2. The Executive Engineer Operation and Maintenance Tamil Nadu Electricity Board Erode Electricity Distribution Circle South Division , Erode.

3. The Junior Engineer Operation and Maintenance Tamil Nadu Electricity Board Erode Electricity Distribution Circle Thamaraipalayam 638 154 Erode District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to consider the representation of the petitioner dated 26/10/2015 and grant electricity connection to the well situated in R.S.No.15/12, P.Kolanalli Village, Vellottamparappu Post, Erode District.

For petitioner ...

Mr.D.Balachandran For respondents ...

Mr.S.K.Rameshwar

O R D E R

With the consent of the learned counsel appearing for the parties, the main writ petition is taken up for final disposal, at the admission stage itself.

2. Heard Mr.D.Balachandran, learned counsel for the petitioner and Mr.S.K.Rameshwar for the respondents.

3. This writ petition has been filed praying to direct the second respondent to consider the representation of the petitioner dated 26/10/2015 and grant electricity connection to the well situated in R.S.No.15/12, P.Kolanalli Village, Vellottamparappu Post, Erode District.

4.

The learned Senior Counsel appearing for the respondent Board would submit that the request made by the petitioner was rejected, by proceedings dated 13/1/2011, on the ground that the petitioner does not possess/own a minimum extent of 50 cents of land.

5. The petitioner places reliance on the certificate issued by the Village Administrative Officer stating that he owns 50 cents of land. The said certificate is insufficient and if the petitioner owns 50 cents of land, he has to produce the patta along with the document.

6. In view of the above, it is open to the petitioner to approach the third respondent and if the third respondent is satisfied, the petitioner's request may be considered, on merits and in accordance with law, as expeditiously as possible.

7. This writ petition is disposed of with the above direction. No costs.

sd/- Assistant Registrar(Cs-III) /TRUE COPY/ Sub-Assistant Registrar mvs.

To

1. The Chairman O/o. The Tamil Nadu Electricity Board Anna Salai Chennai 600 002.

2. The Executive Engineer Operation and Maintenance Tamil Nadu Electricity Board Erode Electricity Distribution Circle South Division Erode.

3. The Junior Engineer Operation and Maintenance Tamil Nadu Electricity Board Erode Electricity Distribution Circle Thamaraipalayam 638 154 Erode District.

+1 CC to MR.D.Balachandran Advocate. SR.NO. 64169 +1 CC to MR.S.K.Rameshwar Advocate. SR.NO. 64787 W.P.No.37610 of 2015 CO-MSM JD 19/01/2016