K. Narayanasamy v. Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.21695 of 2017 and W.M.P.No.16977 of 2019 K.Narayanasamy
...Petitioner
Vs.
1. Executive Engineer Maintenance and Distribution Tamilnadu Electricity Board Pollachi Coimbatore District
2. The Assistant Engineer Distributions and Maintenance Tamilnadu and Electricity Board Pedamppampatti Post Udumalpet Tirupur District
3. The Junior Engineer Distribution and Maintenance Tamilnadu and Electricity Board Kongalnagaram Udumalpet Tirupur District
4. The Superintending Engineer Udumalpet Distribution Circle Udumalpet Tirupur District ... Respondents Prayer:
The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the entire records relating to the proceedings in Ka.No.Mae.Pa.Po/Udu/U/Se/Po/Pothu/U Me Po II/Ko. Tha Aa.U.Sa 2005/V. Pathivu.No.16/2017 Aa.No.430/2017 dated 10.04.2017 on the file of the 4th respondent and quash the same and direct the 1st respondent to grant electricity connection to
the petitioner on the basis of the 1st respondent proceedings dated Ka.No.Sa.Po/Po/Tho/Thu/Oo/ Kattu.vivsayam/A/No.253 of 2010 dated 01.11.2010 in favour of the petitioner. For Petitioner : Mr.C.Veeraraghavan For Respondents : Mr.S.K.Rameshwar
O R D E R
W.M.P.No.16977 of 2019 was filed to fix an early date for final disposal of the above writ petition. By consent the Writ Petition itself is taken up for final disposal. 2.The petitioner has filed this Writ Petition seeking issuance of a writ of Certiorarified Mandamus, to call for the entire records relating to the proceedings in Ka.No.Mae.Pa.Po/Udu/U/Se/Po/Pothu/U Me Po II/Ko. Tha Aa.U.Sa 2005/V. Pathivu.No.16/2017 Aa.No.430/ 2017 dated 10.04.2017 on the file of the 4th respondent and quash the same and direct the 1st respondent to grant electricity connection to the petitioner on the basis of the 1st respondent proceedings dated Ka.No.Sa.Po/Po/Tho/Thu/Oo/Kattu.vivsayam/A/No.253 of 2010 dated 01.11.2010 in favour of the petitioner.
3.The issue involved in this case is that the petitioner sent a letter dated 04.12.2010 seeking one month time to produce the documents as requested by the 1st respondent for free electricity connection for agricultural purpose. The said request was not considered by the 1st respondent. Hence, the petitioner in order to find out the position of his letter, sent a petition to the 1st respondent under RTI Act to know about the status of the letter sent by him The 1st respondent also sent a communication to that effect that the application sent by the petitioner is not available with the officer. Being not satisfied with the information, the petitioner preferred an appeal before the 4th respondent. The 4th respondent also replied that the petitioner has not sent any letter to the authorities concerned.
4.The learned counsel for the petitioner would submit that a letter dated 04.12.2010 has been sent to the 1st respondent for free electricity connection for the agricultural purpose. Till now the same has not been considered by them. He would further submit that the letter was sent by him in the year 2010 and this court may pass appropriate orders to consider the same for effecting free electricity connection for agricultural purpose. 5.The learned counsel appearing for the Electricity Board
would fairly concede the request of the petitioner and would submit that the petitioner's letter will be considered as per the seniority if it is available with them.
6.In view of the above, this court is inclined to issue a direction to the respondent board to consider the letter sent by the petitioner on 04.12.2010 as per the seniority for free electricity connection for agricultural purposes if the said letter is available with them and pass orders on merits and in accordance with law.
7.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kas To 1.
Executive Engineer Maintenance and Distribution Tamilnadu Electricity Board Pollachi, Coimbatore District 2.
The Assistant Engineer Distributions and Maintenance Tamilnadu and Electricity Board Pedamppampatti Post,Udumalpet Tirupur District 3.
The Junior Engineer Distribution and Maintenance Tamilnadu and Electricity Board Kongalnagaram, Udumalpet Tirupur District 4.
The Superintending Engineer Udumalpet Distribution Circle Udumalpet, Tirupur District +1cc to Mr.C.Veeraraghavan, Advocate, S.R.No.51951 W.P.No.21695 of 2017 and W.M.P.No.16977 of 2019 VBA(CO) CS/29/07/2019