P.Ramalingam, v. The Superintendent Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.NO.23576 OF 2014 & M.P.NO.1 OF 2014 P.Ramalingam ... Petitioner .Vs.
1. The Superintendent Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Kanchipuram Electricity Distribution Circle, Kanchipuram.
2. The Assistant Engineer, (Operation and Maintenance), The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Kanchipuram Electricity Distribution Circle, Kanchipuram.
3. Mamallan Housing Building Co-operative Society Ltd., G-2085, A036, Mamallan Nagar, Kanchipuram - 631 502.
... Respondents PRAYER:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to provide electricity service connection to the petitioner's property situated at Plot No.A-25, Ottakuthar Street, Mamallan Nagar, Kanchipuram at Arapanchery Village, comprised in S.Nos.64 to 73 and 75 to 79 in terms of the payment made by the petitioner as evidenced in the Receipt in Sl.No.KPM 1593749.
For Petitioner :
Mr.P.Elaya Rajkumar For M/s.Ramalingam and Associates
For Respondents : Mr.L.Jai Venkatesh Standing Counsel For R1 and R2
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 and 2 to provide electricity service connection to the petitioner's property situated at Plot No.A-25, Ottakuthar Street, Mamallan Nagar, Kanchipuram at Arapanchery Village, comprised in S.Nos.64 to 73 and 75 to 79 in terms of the payment made by the petitioner as evidenced in the Receipt in Sl.No.KPM 1593749.
2. The case of the petitioner is that the Plot No.A-25 is part of approved layout developed by the third respondentSociety in Survey Nos.64 to 73 and 74 to 79. The plot was allotted in favour of the petitioner and an agreement was also entered into on 10.02.1965. As such, he is in possession and enjoyment of the same. He would further state that he had put up a small dwelling house thereon and approached the official respondents for providing service connection. Though originally they agreed, however subsequently due to the objection of the third respondent, service connection was not provided to his property. Hence, the present Writ Petition.
3. The learned counsel appearing for the petitioner would state that during the pendency of the Writ Petition, the petitioner passed away and on instructions, it is stated that so far no electricity service connection is provided to the property of the petitioner. In this regard, I have heard the learned Standing Counsel appearing for the respondents 1 and 2.
4. Considering the nature of prayer sought for in the Writ Petition, this Court directs the legal heirs of the petitioner to give an application/representation to the second respondent within a period of two weeks by enclosing a copy of this order. On such compliance, the second respondent shall consider the same and pass orders in accordance with law after providing opportunity to the necessary parties including the third respondent herein within a period of eight weeks therefrom.
5. With the above direction, the Writ Petition is disposed of. There is no order as to costs. Consequently, connected
miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar r n s To 1.
The Superintendent Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Kanchipuram Electricity Distribution Circle, Kanchipuram.
2.
The Assistant Engineer, (Operation and Maintenance), The Tamil Nadu Generation and Distribution Corporation Ltd; (TANGEDCO), Kanchipuram Electricity Distribution Circle, Kanchipuram.
+1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.21605 W.P.NO.23576 OF 2014 & M.P.NO.1 OF 2014 KK(CO) PBS/19/04/2022