← Library
Madras High CourtWP/19583/2021disposed of

V.Mani v. Superintendent Engineer

2021-11-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.19583 of 2021 V. Mani .....Petitioner Vs

1. The Superintendent Engineer, Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.

2. The Assistant Executive Engineer (South) Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannmalai Taluk & District.

3. The Junior Engineer (South) Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.

4. Pichai Sthabathi @ Pichandi ....Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other order in nature of Writ of Mandamus, directing the Respondents 1 to 3 to provide Service Connection for the petitioner's Vacant land bearing Patta No.182, Comprised in S.No.50/6 (as per Sub-division), of an extent of 798 sq.ft in Melathikan Village, Tiruvannamalai Taluk, Tiruvannamalai, in pursuance to application dated 13.07.2021.

For petitioner :

Mr. K. Venkateswaran For Respondents 1 to 3 :

Mr. M. Jaivenkatesh

ORDER

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus or any other order in nature of Writ of Mandamus, directing the Respondents 1 to 3 to provide Service Connection for the petitioner's Vacant land bearing Patta No.182, Comprised in S.No.50/6 (as per Sub-division), of an extent of 798 sq.ft in Melathikan Village, Tiruvannamalai Taluk, Tiruvannamalai, in pursuance to application dated 13.07.2021.

2. It is the case of the petitioner that the he applied for electricity service connection with 2nd respondent for his land bearing survey No.50/6 which was purchased by his deceased wife. After a perusal of all the documents available on record, the 2nd respondent had agreed to give electricity service connection to his land. However, the 4th respondent came forward with an objection for providing service connection to the petitioner's property against which the petitioner made a representation before the respondents 1 to 3 opposing the claim made by the 4th respondent. Subsequently, the 4th respondent had filed a suit in O.S.No.32 of 2021 on the file of the Additional Subordinate Court, Tiruvannamalai, claiming title of the said property and the same is pending and no interim order has been passed in the said suit.

Thereafter, the petitioner made an application through online for the electricity service connection on 13.07.2021 to the Respondents 1 to 3, however, till date no action has been taken by the respondents on the petitioner's application. Hence, the present Writ Petition is filed seeking the above relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's application dated 13.07.2021 to provide the electricity service connection to his property and pass appropriate orders within a particular time frame fixed by this Court.

4. The learned counsel for the respondents submits that the respondents will consider the petitioner's application after perusing all the materials available on record and that appropriate orders will be passed, within a particular time frame fixed by this Court.

5. In view of the above submissions, this Court without expressing any opinion on the merits of the case directs

the Respondents 1 to 3 to consider the petitioner's representation dated 13.07.2021 along with all the documents available and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. This Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar NHS To

1. The Superintendent Engineer, Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.

2. The Assistant Executive Engineer (South) Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannmalai Taluk & District.

3. The Junior Engineer (South) Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.

+1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.58364 +1cc to Mr.K.Venkateswaran, Advocate, S.R.No.58122 W.P.No.19583 of 2021 GPL(CO) SU(02/12/2021)