Ranganathan v. Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.10737 OF 2014 Ranganathan ... Petitioner .Vs.

1. The Executive Engineer, TANGEDCO, Operation and Maintenance, Valapady, Salem District.

2. The Assistant Engineer, Operation and Maintenance, South Valapady, Tamilnadu Electricity Board, Salem District.

3. The Assistant Engineer, TANGEDCO, Thimmanaicken Patty, Namakkal District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the relating to the proceedings of the 1st respondent made in Ka.No.SEPO/EPa/Va/Tho.Nu.Vu2/Ko.VVa/No.195/14 dated 10.03.2014, quash the same and directing the respondents to shift one of the service connection to the nearby Bore well. For Petitioner : Mr.M.Devaraj For Respondents : Mr.L.Jai Venkatesh Standing Counsel For TANGEDCO

O R D E R

The order impugned dated 10.03.2014 states that the petitioner was provided with an agricultural electricity service connection in Connection Nos.162 and 405. The petitioner has obtained two electricity service connections for one single Well in Survey No.153/4C.

2. The respondents authorities have asked the petitioner either to club two electricity service connections as one connection or surrender the second connection obtained, as providing two electricity service connections for one Well is impermissible under the Regulations. The petitioner has filed the writ petition challenging the said order.

3. This Court is of an opinion that the petitioner is entitled to avail the benefit of one electricity service connection in his Well and therefore, the reason furnished in the impugned order is in consonance with the regulations. Thus, the petitioner has to either surrender the second connection provided or club two connections and may utilize the electricity service connection as single connection.

4. In the absence of doing this, the electricity Board authorities are empowered to initiate all further action by following the procedures as contemplated. Thus, the petitioner has not established any acceptable move for the purpose of interfering with the order impugned, as the order impugned has been issued asking the petitioner not to utilise two electricity service connections in one Well, which is not permissible.

5. With these observations, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vs To 1.

The Executive Engineer, TANGEDCO, Operation and Maintenance, Valapady, Salem District.

2.

The Assistant Engineer, Operation and Maintenance, South Valapady, Tamilnadu Electricity Board, Salem District.

3.

The Assistant Engineer, TANGEDCO, Thimmanaicken Patty, Namakkal District.

+1cc to Mr.M.Abulkalam, Standing Counsel for TNEB, S.R.No.62081 W.P.NO.10737 OF 2014 KSM(CO) PBS/13/12/2021