K.Dharani v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.25038 of 2024 K.Dharani ... Petitioner Vs.
1. The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Cooperation, Thiruvarur District.
2. The Executive Engineer Water Resource Department, Cauvery Basin Division, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to provide the electricity connection and permit to use 10 HB motors in S.No.71/13 at No.17 Aathichamangalam, Valangaiman Taluk, Thiruvarur District in pursuant to the letter proceedings No.409M/2024/E.V.A2/Ko.15 (NOC EB)/dated 03.06.2024 by the 2nd respondent. For Petitioner :
Mr.P.Muthamizh Selvakumar For Respondents :
Mr.D.B.R.Prabhu for R1 Mr.LSM.Hasan Fizal, AGP for R2
O R D E R
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This petition has been filed seeking to direct the respondents to provide electricity connection and to permit her to use 10 HB motor in S.No.71/13 at No.17 Aathichamangalam, Valangaiman Taluk, Thiruvarur District in pursuant to the letter proceedings No.409M/2024/E.V.A2/Ko.15 (NOC EB)/dated 03.06.2024 by the second respondent.
2. It is the case of the petitioner she owns a land in S.No.71/13situated in Aathichamangalam Revenue Village and relies on agriculture for income. Due to a lack of water, the petitioner applied for an electricity connection for a borewell to draw water using a 10HP motor on 02.04.2024 before the first respondent, which was forwarded to the second respondent on 26.04.2024. After inspection, the second respondent submitted a report vide letter No.378/2024/Ko.32 dated 22.05.2024 to the third respondent. Based on the said report, the third respondent forwarded the letter to the first respondent vide letter No.409M/2024/E.V.A2/Ko.15 dated 03.06.2024 granting permission for a 5HP motor. However, the petitioner sought approval for a 10HP motor before the first respondent, as the 5HP motor would be insufficient to irrigate the entire land. Despite the said request, no further action has been taken by the first respondent. Hence, the present writ petition Page No.2 of 6
has been filed seeking the aforesaid relief.
3. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 02.04.2024 and pass appropriate orders within the time frame that may be fixed by this Court.
4. The learned standing counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent have no objection for the said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondent to consider the representation of the petitioner dated 02.04.2024 and pass appropriate orders on merits and in accordance with law and after affording Page No.3 of 6
an opportunity of hearing to the petitioner as well as the aggrieved persons if any within a period of six (6) weeks from the date of receipt of a copy of this order.
7. With the above observation and direction, this writ petition is disposed of. No costs.
02.09.2024 RAP Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1. The Executive Engineer, Page No.4 of 6
Operation and Maintenance, Tamil Nadu Generation and Distribution Cooperation, Thiruvarur District.
2. The Executive Engineer Water Resource Department, Cauvery Basin Division, Thanjavur.
M.DHANDAPANI,J.
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