Gengaramsamy Mutt Trust v. The Assistant Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Gengaramasamy Mutt Trust (Regd.No.BK IV/27/2024) Rep by its President K.Arumugam S/o.Kuppusamy, 16, Sabapathimudali Street, Timiri, Arcot Taluk, Ranipet District.
... Petitioner vs.
1. The Assistant Divisional Engineer, Tamil Nadu Electricity Board (TANGEDCO), Timri, Arcot Taluk, Ranipet District.
2. The Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO), Arcot, Ranipet District.
3. The Superintendent Engineer, Tamil Nadu Electricity Board (TANGEDCO), Gandhi Nagar, Vellore - 6, 1/7
Vellore District.
4. The Chairman, Tamil Nadu Electricity Board (TANGEDCO), Annasalai, Chennai - 2.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent herein to provide electricity connected to the Gengaram Samy Mutt Trust office situate in 40 cents of land comprised in survey no.SF No.648/51, Arni-Arcot Road, Nehru Bazar,Timri Village, Arcot Taluk, Ranipet district at the earliest within a time limit to be specified by this Court as per our representation dated 15.11.2023 and 25.03.2024.
For Petitioner : M/s.S.A.Secular For Respondents : Mr.S.Madhusudanan for TNEB
ORDER
This writ petition is filed seeking to direct the 2nd respondent herein to provide electricity connection to the Gengaram Samy Mutt Trust office situated in S.No.SF No.648/51, Arni-Arcot Road, Nehru Bazar,Timri Village, Arcot Taluk, Ranipet district at the earliest as per the petitioner's representations dated 15.11.2023 and 25.03.2024 directing the 2nd respondent herein to provide electricity connected to the Gengaram Samy 2/7
Mutt Trust office situated in survey No.SF No.648/51, Arni-Arcot Road, Nehru Bazar,Timri Village, Arcot Taluk, Ranipet district within the time limit to be specified by this Court.
2. It is the case of the petitioner that the petitioner is the President of the GengaramSamy Mutt Trust having registration number Regd.No.BK IV/27/2024 dated 05.04.2024 duly registered in the office of the Sub Registrar, Arcot, Ranipet District. Seeking to provide electricity connection to the said Trust situated in S.F.No.648/51, Arni-Arcot Road, Nehru Bazar, Timiri Village, Arcot Taluk, Ranipet District, the petitioner Trust made a representation dated 15.11.2023 before the first respondent, however, the same was rejected vide proceedings dated 22.11.2023 of the Tahsildar, Arcot. Thereafter, the petitioner made another representation dated 25.03.2024 before the respondents seeking electricity service connection, however, the same was also not considered. Hence the present writ petition.
3. Though very many grounds have been raised in the present writ petition, it would suffice if this Court issues a direction to the second 3/7
respondent to provide electricity connection to the petitioner Trust by considering the petitioner's representation dated 15.11.2023 and 25.03.2024 and pass appropriate orders within the time frame that may be stipulated by this Court.
4. Learned counsel appearing for the respondents submitted that admittedly the petitioner made a representation dated 15.11.2023 before the second respondent seeking electricity connection for the aforesaid Trust, pursuant to which the second respondent vide proceedings dated 21.11.2023 requested the Tahsildar Arcot to find out the genuineness of the aforesaid land, whileso, the Tahsildar Arcot vide her proceedings dated 22.11.2023 rejected the representation made by the petitioner dated 15.11.2023 seeking uninterrupted electricity connection on the ground that there were objections from one Ravi and one Ramakrishnan. Though the said representation dated 15.11.2023 made by the petitioner was rejected, however, without challenging the said rejection order passed by the Tahsildar Arcot, filing another representation 25.03.2024 before the respondents is per se unsustainable. Accordingly, this writ petition is liable to be dismissed. 4/7
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. Admittedly the earlier representation dated 15.11.2023 made by the petitioner seeking electricity service connection for the aforesaid Trust was rejected by the Tahsildar, Arcot vide proceedings dated 22.11.2023, pursuant to the recommendation letter of the second respondent dated 21.11.2023 on the ground that there were objections from one Ravi and one Ramakrishnan. Though the earlier representation dated 15.11.2023 made by the petitioner was rejected by the Thasildar, Arcot, however, as rightly pointed out by the learned counsel appearing for the respondents, without challenging the rejection order dated 22.11.2023 passed by the Thasildar, Arcot, filing another representation before the respondents seeking the very same relief is wholly unsustainable. Hence, the prayer sought for by the petitioner cannot be granted.
7. Accordingly, this writ petition is dismissed with liberty to the 5/7
petitioner to work out his remedy in the manner known to law. There shall be no order as to costs.
14.08.2024 RAP Index :
Yes/No Speaking order :
Yes/No To:
1. The Assistant Divisional Engineer, Tamil Nadu Electricity Board (TANGEDCO), Timri, Arcot Taluk, Ranipet District.
2. The Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO), Arcot, Ranipet District.
3. The Superintendent Engineer, Tamil Nadu Electricity Board (TANGEDCO), Gandhi Nagar, Vellore - 6, Vellore District.
4. The Chairman, Tamil Nadu Electricity Board (TANGEDCO), Annasalai, Chennai - 2.
M.DHANDAPANI, J.
RAP 6/7
14.08.2024 7/7