Palaniammal v. The Assistant Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-12-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.11656 of 2014 And MP No.1 of 2014 Palaniammal ..Petitioner vs.

1.The Assistant Electricity Engineer, Tamil Nadu Electricity Board, Maintenance Division, Mullamparappu, Erode District.

2.T.Balakrishnan (R-2 impleaded vide order of Court dated 09.12.2021 made in MP 2 of 2014 in WP 11656 of 2014) ..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in and by his proceeding No. Ka. No.2 AEE/Mu.Pa/Ka. Katu No.398/13-4 dt 24.1.2014 and consequently order passed by the respondent in and by his proceeding Ka. En. U. me.po/E & Pu/Mu.Pa/Va/A/Ka. Katu No.434/13 dt 10.2.2014 and quash the same, and consequently directing the first respondent to give electric service connection to the petitioner i.e. Palaniammal House in Survey No. 375 New S.F. No.361 of 46 Pudhur Village, Avalppondurai Taluk, Erode District without insisting consent letter from the legal heirs of the Thulasimanigounder and legal heir certificate.

For Petitioner : Mr.V.Regunathan For Respondent-1 : No Appearance For Respondent-2 : Mr.V.Pavel

O R D E R

The order of rejection dated 10.02.2014 issued by the first respondent, rejecting the application for providing electricity service connection to the premises of the petitioner, is under challenge in the present writ petition.

2. The petitioner purchased the properties situate in Survey No.375 New S.F.No.361 of 46 Pudhur Village, Avalppondurai Taluk, Erode District. The petitioner submitted an application for providing Electricity service connection to the subject property of the premises.

3.

The second respondent, who is none other than the son of the petitioner, during the relevant point of time, raised an objection. Therefore, the Electricity Service Connection was not provided to the subject property of the premises of the petitioner.

4.

The learned counsel appearing on behalf of the second respondent now made a submission that he has no objection for providing Electricity Service Connection in the said premises in favour of the petitioner.

5.

This Court is of the considered opinion that the Electricity Service Connection is an essential service and the same cannot be provided on certain flimsy grounds. 6.

In the present case, the second respondent has expressed his opinion that he is not standing in the way of not providing electricity service connection to the petitioner, who is the mother of the second respondent. Thus, the first respondent is directed to consider the request of the petitioner for providing Electricity Service Connection if otherwise the petitioner is eligible in accordance with the provisions of the Regulations. The abovesaid exercise is directed to be done by the first respondent, within a period of eight weeks from the date of receipt of a copy of this order.

7.

With the abovesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar

Svn To The Assistant Electricity Engineer, Tamil Nadu Electricity Board, Maintenance Division, Mullamparappu, Erode District.

+1cc to Mr.V.Regunathan, Advocate SR. No.65425 WP No.11656 of 2014 SV (CO) PR (23/12/2021)