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Madras High CourtWP/24239/2023disposed of

S.Rajan v. The Assistant Executive Engineer

2023-08-17Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.24239 of 2023 S.Rajan

...Petitioner

-Vs1.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Ondipudur, Coimbatore.

2.The Assistant Engineer, (O &M) TANGEDCO, Kannampalayam, Sulur Taluk, Coimbatore District.

3.A.Viswanathan

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to give electricity service connection to the petitioner's bore well situated in S.No.418/3, Kannampalayam Village, Sulur Taluk, Coimbatore District. 1/4

For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB for R1 and R2

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come before this Court seeking a direction to the second respondent to provide a fresh electricity service connection. 3.Mr.L.Jaivenkatesh, the learned Standing Counsel for TNEB takes notice for respondents 1 and 2, and made a statement, on instruction that for providing an electricity connection to the petitioner' property, a pole is required to be fixed. While it was attempted, a dispute arose regarding the boundary of the property of the petitioner and the third respondent. Therefore, the second respondent has required the petitioner to determine his boundaries properly.

2/4

4.Learned counsel for the petitioner submitted that the petitioner has applied for a survey of the property to determine the boundaries. 5.Since the authority has not taken a decision to reject it, and since the authority is also awaiting the final report of the surveyor to ascertain the place where the electric pole needs to be installed, this Court considers that the present petition has been filed one stage too early. 6.In view of the above, this Court merely directs the second respondent to complete the process on the application of the petitioner as and when the petitioner fixes the boundary and intimates the same to him. 7.This Writ Petition stands disposed of accordingly. No Costs. 17.08.2023 Index : Yes/No Internet : Yes/No Anu N.SESHASAYEE, J., Anu 3/4

To 1.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Ondipudur, Coimbatore.

2.The Assistant Engineer, (O &M) TANGEDCO, Kannampalayam, Sulur Taluk, Coimbatore District.

WP.No.24239 of 2023 17.08.2023 4/4