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Madras High CourtWP/30285/2019disposed of

Palaniswamy v. The Collector Cum District

2021-12-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30285 of 2019 Palaniswamy

...Petitioner

vs.

1.

The Collector Cum District Magistrate, Erode District, Erode.

2.

The Superintending Engineer, TANGEDCO Erode Distribution Circle, Erode.

3.

The Assistant Engineer O&M TANGEDCO Chennimalai Rural Perundurai Taluk, Erode.

4.

V.P.Ponnuswamy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to comply the direction issued by the 1st respondent dated 25.10.2018 in Na.Ka.No.7123/2018/K4 to provide electricity connection in favour of the petitioner property situated at R.S.No.1123/1, 1123/2, 1134/1, 1134/2 and 1134 / 3 situated at Murungatholavu Village, Perundurai Taluk, Erode District and to direct the respondents 2 and 3 to grant an agriculturist service connection to the petitioner on the basis of his application dated 19.04.2017.

For Petitioner : Mr.S.Manivasagam For Respondent for R1 : Mr.K.Karthikeyan Government Advocate For Respondents R2 & R3 : Mr.L.Jai Venkatesh Standing counsel

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd and 3rd respondents to consider the petitioner's application dated 19.04.2017 and grant an agriculturist service connection to the petitioner and also to direct the 2nd respondent to comply the direction issued by the 1st respondent vide proceedings dated 25.10.2018 and provide electricity connection to the petitioner's property.

2. The case of the petitioner is that he is having agricultural lands in R.S.No.1123/1, 1123/2, 1134/1, 1134/2 and 1134/3 situated at Murungatholavu Village, Perundurai Taluk, Erode District and has applied for agricultural service connection in the year 2017 and has also paid a invoice payment of Rs.2,75,000/- as directed by the 3rd respondent and complied with all the requirements for effecting the service connection, however, the adjacent land owner/4th respondent herein has objected for erecting the poles through his lands and therefore, the 2nd respondent has not acted upon the petitioner's application. Therefore, the matter was taken to the 1st respondent and 1st respondent vide proceedings dated 25.10.2018 directed the 2nd respondent to effect service connection to the petitioner's property, however, till date TANGEDCO has not complied with the proceedings of the 1st respondent and has not effected service connection in favour of the petitioner. Hence, this Writ petition.

3. The learned counsel for the TANGEDCO concedes that during the pendency of the Writ petition, the electricity connection has been effected in favour of the petitioner. Hence, he prays for disposal of this Writ petition.

4.Since the 2nd and 3rd respondents appeared before this Court, their appearance is dispensed with.

5.Recording the submission made by the learned counsel appearing for TANGEDCO, since already the electricity connection is effected in favour of the petitioner, nothing survives for further adjudication.

6. Accordingly, this Writ petition is closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar skt

To:

1. The Collector Cum District Magistrate, Erode District, Erode.

2. The Superintending Engineer, TANGEDCO Erode Distribution Circle, Erode.

3. The Assistant Engineer O&M TANGEDCO Chennimalai Rural Perundurai Taluk, Erode.

W.P.No.30285 of 2019 SSV(CO) RGA(27/01/2022)