Arulmigu Shri Ayyanar Swamy Temple, v. The Assistant Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.21304 of 2019 Arulmigu Shri Ayyanar Swamy Temple, Kilavadinatham Village, Bhuvanagiri Taluk, Cuddalore 608 601.

rep.by its Managing Trustee G.Sivagnanam.

... Petitioner Vs.

The Assistant Engineer, Operation and Maintenance, TNEB, Sethiathope Cross Road, Sethiathope, Bhuvanagiri Taluk, Cuddalore.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to provide electricity connection to Arulmigu Shri Ayyanar Swamy Temple, Kilavadinatham Village, Bhuvanagiri Taluk, Cuddalore 608 601, at Survey No. 8/7 of the extent of 1.06.5 with the measure of 0.02.0 acre of Government Natham Poramboke Land, in the name of its Managing Trustee G.Sivagnanam.

For Petitioner : Mr.R.Muthu Krishnan For Respondent : Mr.Jaivenkatesh, Standing Counsel (TNEB)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondent to provide electricity connection to Arulmigu Shri Ayyanar Swamy Temple, Kilavadinatham Village, Bhuvanagiri Taluk, Cuddalore 608 601.

2. Mr.Jaivenkatesh, learned Standing Counsel (TNEB) takes notice for the sole respondent. In view of the limited relief sought for in this petition, On the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the Managing Trustee of Arulmigu Shri Ayyanar Swamy Temple, situated at Survey No. 8/7 of the extent of 1.06.5 with the measure of 0.02.0 acre of Government Natham Poramboke Land and the said temple is nearly 100 years old and from the year 1934, the petitioner's uncle was a trustee to the temple and after his demise, during the year 1955, the temple was maintained by his father for decades, and after the demise of his father, the petitioner inherited the trusteeship of the temple.

During the year 1990, the petitioner took steps to get electricity connection, however, all his efforts went in vain and thereafter, in the year 2019, after retirement from service as Junior Assistant in Market Committee, Agriculture Department, the petitioner with the financial aid from the village people, reconstructed and rejuvenated the temple and again in order to get electricity service connection, the petitioner had made first application to the respondent on 11.06.2019. However, the said application was rejected and directed the petitioner to get NOC from the Revenue Department. After several efforts, the petitioner had got NOC from the Revenue Department and once again made application before the respondent for fresh EB connection on 28.06.2019. Till date, the said application is pending before the respondent without any orders.

Hence, this present petition has been filed.

4.Learned counsel appearing for the petitioner, would submit that this it would suffice if this Court issues direction to the respondent to consider the petitioner's application and pass orders on the same within a particular time frame fixed by this Court.

5.The learned Standing Counsel (TNEB) has no objection for said order being passed.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the petitioner to make fresh application, by annexing all necessary documents before the respondent within a period of one week from the date of receipt of a copy of this order. If any such application is filed, the respondent shall consider the same on merits and in accordance with law and pass appropriate

orders, within a period of four weeks from the date of receipt of such application. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sk To The Assistant Engineer, Operation and Maintenance, TNEB, Sethiathope Cross Road, Sethiathope, Bhuvanagiri Taluk, Cuddalore.

+1cc to Mr.L.Jaivenkatesh, Advocate SR.No.63630 +2cc to Mr.R.Mathukrishnan, Advocate SR.No.62672 W.P.No.21304 of 2019 GPL(CO) GN(17/12/2021)