V.Komala v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.27150 OF 2021 V.Komala ... Petitioner .Vs.
1.
The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 02.
2.
The Assistant Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO), Minnal, Arakkonam, Vellore District.
3.
The District Collector, Collectorate, Vellore District - 632 012.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 11.10.2021 to provide electricity connection to the petitioner's house situated at No.217/3, Pudhu Street, Minnal Nemili Taluk, Vellore District.
For Petitioner : Mrs.Dakshayani Reddy Standing Counsel For M/s.S.Esairani Narasimman P.Arul Mathi For Respondents : Mr.L.Jai Venkatesh R1 & R2 Standing Counsel For Respondent R3 : M/s.C.Sangamithirai Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents to consider the petitioner's representation and to pass appropriate orders as early as possible.
2. The case of the petitioner is that she is the owner of the property in Survey No.217/3 and has constructed the house in the year 2018. Thereafter, petitioner submitted application on 02.10.2019 before the 2nd respondent to obtain electricity connection for her house, however, the same was rejected orally by the 2nd respondent stating that high voltage power line is running 10 feet above the petitioner's house, due to which the petitioner and her family are living in the said house without electricity connection more than two years. Thereafter, the petitioner approached the respondents several times in order to raise the high voltage line running above the petitioner's house and to provide new electricity connection to her house and she also sent an application dated 11.11.
2020 to the 2nd respondent along with the sale deed, patta, indemnity bond, and other necessary documents in order to avail the electricity connection, however, the 2nd respondent rejected the petitioner's claim orally without any valid reason. Hence, the petitioner obtained NOC from the Village Administrative Officer and made representation dated 11.10.2021 before the respondents 1 to 3, however, till date no orders have been passed. Hence, this writ petition is filed.
3. The learned counsel for the petitioner submitted that though the petitioner has submitted several applications before the 2nd respondent, the 2nd respondent has rejected the same orally without any valid reason whereas the respondents have already provided electricity connection to the nearby houses. He further submitted that though the petitioner has obtained NOC from VAO and submitted the same along with her representation dated 11.10.2021, no action has been initiated by the respondents. Hence, he furthermore submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and provide electricity connection to the petitioner's house within the time stipulated by this Court.
4. The learned counsels appearing for the respondents has no serious objection for the prayer sought for by the petitioner and fairly conceded that the petitioner's representation dated 11.10.2021 will be considered and appropriate orders will be passed within the time fixed by this Court.
5. In view of the aforesaid facts and also the limited relief sought for by the petitioner, this Court without going into the merits of the case, issues direction to the respondents herein to consider the petitioner's representation dated 11.10.2021 in the light of Section 27 of the Tamil Nadu Electricity Distribution Code, 2004 and pass appropriate orders in accordance with law within a period of twelve weeks.
6. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar skt To 1.
The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 02.
2.
The Assistant Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO), Minnal, Arakkonam, Vellore District.
3.
The District Collector, Collectorate, Vellore District - 632 012.
+1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.68955 +1cc to M/s.S.Esairani Narasimman, Advocate, S.R.No.68661 +1cc to the Government Pleader, S.R.No.69014 W.P.NO.27150 OF 2021 RGN(CO) PBS/21/01/2022