M.Mariyappan v. The Superintending Engineer- O And M

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.24125 of 2023 M.Mariyappan

...Petitioner

-Vs1.The Superintending Engineer - O & M Tamil Nadu Generation & Distribution Corporation Ltd.

Dharmapuri, 636705, Dharmapuri District.

2.The Assistant Engineer - O & M, Tamil Nadu Generation & Distribution Corporation Ltd.

Palayampudur, Dharmapuri, Dharmapuri, District.

3.The Tahsildar, Nallampalli, Taluk Office, Dharmapuri Districk.

4.M.Madesh

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider an Appeal dated 19.06.2023 made by the petitioner and disconnect the Electricity connection No 511 on 2021 obtained by the 4th respondent by submitting the documents in S.No.575/4 at Keel Boorikal Village, 1/4

Easalpatti Post, Nallampalli via Dharmapuri District and within a time to be stipulated by this Hon'ble Court.

For Petitioner : Ms.P.Ganesan For Respondent : Ms.Daniel Mary, Standing Counsel for TNEB for R1 & R2 Mr.S.J.Mohamed Sathik, Government Advocate for R3

ORDER

The petitioner's grievance is that the fourth respondent herein has a property in Sy.No.575/4, however, he had dug up a bore well and has obtained electricity supply connection for the same, under the quota for agriculturists for the property in Sy.No.569, which is classified as a water body. The petitioner claims that they are adjacent owners and because of excess drawing of water by the fourth respondent from his bore well, they do not get adequate water supply.

2.Ms.Daniel Mary, learned Standing Counsel for TNEB takes notice for the respondents 1 and 2.

2/4

3.Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the third respondent.

4.The learned counsel for the respondents 1 and 2 submits that as per the report received by these respondents from the concerned Village Officer the bore well is in Sy.No.575/4.

5.Since the matter involves some investigation on facts, this Court merely directs the respondents 1 and 2 to ascertain these facts and hold an enquiry after giving opportunity to all those who are likely to be affected by their decision and dispose of the petitioner's Appeal dated 19.06.2023 within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of accordingly. No costs. 16.08.2023 Index : Yes/No Internet : Yes/No Tsg 3/4

N.SESHASAYEE, J., Tsg To 1.The Superintending Engineer - O & m Tamil Nadu Generation & Distribution Corporation Ltd.

Dharmapuri, 636705, Dharmapuri District.

2.The Assistant Engineer - O & M, Tamil Nadu Generation & Distribution Corporation Ltd.

Palayampudur, Dharmapuri, Dharmapuri, District.

3.The Tahsildar, Nallampalli, Taluk Office, Dharmapuri Districk.

Order made in 16.08.2023 4/4