R.Chandrayyan v. Tangedco

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.02.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No. 6403 of 2015 and M.P.Nos. 1 of 2015 R.Chandrayyan

...Petitioner

Vs.

1.

TANGEDCO, rep. by its Assistant Director/Assistant Engineer, Mampakkam, Chennai - 127.

2.

The Government of Tamil Nadu, rep. by its Secretary, Revenue Department, Fort St.George, Chennai - 600 009.

( R-2 impleaded, as per order, dated 25.08.2015, passed in M.P.No.2 of 2015 of this W.P.)

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to consider and pass orders to provide electricity service connection on the application, dated 08.08.2014, to the lands in Survey No.81A/13, Kelakottaiyur Village, Thiruporur Taluk, Kancheepuram District, to an extent of 1.42.0 hectare for the purpose of irrigation to the trees.

For Petitioner : Mr.D.S.Rajasekaran For Respondent-1 : Mr.S.K.Rameshwar Standing Counsel for TNEB For Respondent-2 : Mr.R.Rajeshwaran Special Government Pleader

O R D E R

The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the respondents to consider the application, dated 08.08.2014, and to provide electricity service connection to the lands in Survey No.81A/13, Kelakottaiyur Village, https://hcservices.ecourts.gov.in/hcservices/

Thiruporur Taluk, Kancheepuram District, measuring an extent of 1.42.0 hectare for irrigation purpose.

2.

Heard the learned counsels appearing for the respective parties.

3.

The petitioner claiming to be the ex serviceman and assignee of a Government property, seeks for electricity service connection. It is an admitted fact that order of assignment has been cancelled, aggrieved by which, the petitioner has filed a Writ Petition, being W.P.No.23221 of 2013, and obtained an order of interim injunction, and the said Writ Petition is pending. While the matter is pending, the petitioner now wants electricity service connection, as the order of assignment is confirmed in his favour. Unless the petitioner succeeds in W.P.No.23221 of 2013, the petitioner cannot, as a matter of right, seek for electricity service connection, that too, for agricultural purpose. Hence, the Writ Petition is closed, leaving it open to the petitioner to pursue his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sd To 1.

The Assistant Director/Assistant Engineer, TANGEDCO, Mampakkam, Chennai - 127.

2.

The Secretary Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 600 009.

1 cc to Mr.D.S. Rajasekaran, Advocate, Sr. 11523 1 cc to Mr.S.K. Rameshuwar, Advocate, Sr. 11500 1 cc to Government Pleader, Sr. 11803 Writ Petition No. 6403 of 2015 GJ (CO) kk 8/3 https://hcservices.ecourts.gov.in/hcservices/