Madras High CourtWP/123/2021disposed of

Ps.Mannathan v. The Government Of Tamil Nadu

2023-04-24Honourable Mr Justice M.Dhandapani8 pages

W.P.Nos.123 of 2021 and 11946 of 2023 and W.M.P.Nos.174, 175, 178 and 16092 of 2021 M.DHANDAPANI,J.

Today, when the matter is taken up for hearing on being mentioned, learned counsel for the petitioner submitted that a typographical error has been made in paragraph No.6 of the order dated 24.04.2023, wherein the service connections Numbers have been been erroneously typed service connections bearing Nos.115-0062221 and 115-006-2221 instead of service connections bearing Nos. 115-006-2221 and 115-006-1995. Therefore, necessary correction be made to paragraph No.6 of the order dated 24.04.2023.

3. A perusal of the papers reveal that inadvertently, a typographical error has occurred in Paragraph No.6 of the order dated 24.04.2023. Therefore, paragraph 6 of the order dated 24.04.2023 shall stand replaced with the following:-

6. In such view of the matter, this Court directs the respondents 3 to 8 to cancel the service connections bearing Nos.115-006-2221 and 115-006-1995 which stands in the name of the individual and to issue a fresh service connection in the name of the temple within a period of six weeks from the date of receipt of a copy of this order. 1/8

M.DHANDAPANI,J.

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4. Registry is directed to carry out the necessary correction in the order dated 24.04.2023 and issue fresh copy of the order to the learned counsel for the parties.

5. In other respects, the order dated 24.04.2023 shall remain unaltered. 27.06.2023 rap W.P.Nos.123 of 2021 and 11946 of 2023 and W.M.P.Nos.174, 175, 178 and 16092 of 2021 2/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. Nos.123 of 2021 and 11946 of 2023 and W.M.P. Nos.174, 175, 178 and 16092 of 2021 P.S.Mannathan ... Petitioner in W.P. No.123 of 2021 G.Prabhakaran ... Petitioner in W.P. No.11946 of 2023

Versus

1.The Government of Tamil Nadu, rep. by its Principal Secretary, Energy Department, Secretariat, Chennai - 600 009.

2.The Chairman/Managing Director, Anna Salai, Chennai - 600 002.

3.The Chief Engineer, Distribution, Erode Region, Erode, No.948, E.V.N.Road, Erode-638 009.

4.The Superintending Engineer, 3/8

Mettur Distribution Circle, Mettur Dam-1, Salem District.

5.The Executive Engineer, Operation and Maintenance (O&M), Mecheri West, Mettur Taluk, Salem District.

6.The Assistant Executive Engineer, Operation and Maintenance (O&M), Mecheri West, Mettur Taluk, Salem District.

7.The Assistant Engineer, Operation and Maintenance (O&M), Mecheri West, Mettur Taluk, Salem District.

8.The Junior Engineer, Operation and Maintenance (O&M), Mecheri West, Mettur Taluk, Salem District.

... Respondents 1 to 8 in both cases 9.P.S.Mannathan ... 9th respondent in W.P. No.11946 of 2023 Prayer in W.P. No.123 of 2021: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 8th respondent vide letter dated 06.10.2020 and quash the same and consequently direct the 8th respondent to restore the electricity service connection bearing No.115-0062221 at Sri Veda Mariamman Temple, 4/8

Aarigoundanoor, Thethigiripatti, Mecheri Taluk, Mettur, Salem District. Prayer in W.P. No.11946 of 2023: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 7th respondent to restore and re-fix the electricity connection bearing No.115006-1995 in the temple premises at Sri Veda Mariamman Temple in Aarigoundanoor, Thethigiripatti Village in Mettur Taluk by removing the electricity connection fraudulently obtained by the 9th respondent bearing No.115-006-2221 within a stipulated time frame. For Petitioner in W.P. No.123 of 2021 :

Mr.C.P.R.Kamaraj For Petitioner in W.P. No.11946 of 2023 :

Mr.K.Balasubramaniam For R1 to R8 in both cases :

Mr.I.Syed Sibghatulla, Standing Counsel for TNEB For 9th respondent in W.P. No.11946 of 2023 :

Mr.A.Arumugam COMMON ORDER Since the facts involved in both the cases are one and the same, hence, the same are disposed of by way of this common order.

2. W.P. No.123 of 2021 has been filed seeking to quash the impugned order passed by the 8th respondent vide letter dated 06.10.2020 and consequently, direct the 8th respondent to restore the electricity service connection bearing No.115-0062221 at Sri Veda Mariamman Temple, Aarigoundanoor, Thethigiripatti, Mecheri Taluk, Mettur, Salem District. 5/8

3. W.P. No.11946 of 2023 has been filed seeking a direction to the 7th respondent to restore and re-fix the electricity connection bearing No.115-0061995 in the temple premises at Sri Veda Mariamman Temple in Aarigoundanoor, Thethigiripatti Village in Mettur Taluk by removing the electricity connection fraudulently obtained by the 9th respondent bearing No.115-006-2221.

4. The learned counsel for the petitioners submitted that the petitioners are the Dharmakartha in the temple viz., Veda Mariamman Thirukovil, Aarigavundanur, Thethigiripatti Post, Mettur Taluk, Salem District. The committee members of the temple have obtained two EB service connection in their personal name instead of temple name. Hence, the learned counsel prays that this Court may issue a direction to the electricity board to transfer the service connection which stands in favour of the individuals and restore the same in the name of the temple within the stipulated time as fixed by this Court.

5. The learned Standing Counsel appearing on behalf of the TNEB submitted that both the connections will be cancelled and fresh connection will be issued in the name of the temple.

6/8

6. In such view of the matter, this Court directs the respondents 3 to 8 to cancel the service connections bearing Nos.115-0062221 and 115-006-2221 which stands in the name of the individual and to issue a fresh service connection in the name of the temple within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, both the writ petitions are disposed of. No costs. Consequent, connected miscellaneous petitions are closed. 24.04.2023 Index : Yes/No rli To 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Energy Department, Secretariat, Chennai - 600 009.