V.Mani v. The Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.30440 of 2022 and W.M.P.No.29872 of 2022 V.Mani ...
Petitioner Vs 1.The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Circle (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Circle (TANGEDCO), Erode Electricity Distribution Circle, Erode District.
4.The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited Erode Electricity Distribution Circle, Vendipalayam, Erode District.
5.The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited Erode Electricity Distribution Circle, Ganapathipalayam, Erode District.
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6.S.Kandasamy 7.S.Viswanathan 8.S.Selvakumar 9.S.Jothilingam 10.M.Lakshmi 11.S.Mahendran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to provide Electricity Service Connection to the petitioner's house comprised in S.F.No.855/1 situated at Pachampalayam, Punjaikalamangalam Village, Modakurichi, Erode District. For Petitioner : Mr.K.Sasindran For Respondents : Ms.V.Revathy for Mr.M.Abul Kalam Standing Counsel for R1 to R5
O R D E R
The prayer sought for herein is for a writ of mandamus directing the respondents 1 to 5 to provide Electricity Service Connection to the petitioner's house comprised in S.F.No.855/1 situated at Pachampalayam, Punjaikalamangalam Village, Modakurichi, Erode District.
2. The petitioner made an application to the respondent TANGEDCO to get domestic service connection at his dwelling house in No.223, Pachapalayam, near Mariyammalkovil, Pasur Post, Erode District. However, when the TANGEDCO was trying to extend the service connection by 2/6
drawing a line, it seems that, there has been objections from the private respondents 6 to 11 who are the adjacent land owners of the petitioner. Only at that juncture, the TANGEDCO has laid off their hands and therefore the petitioner has moved the present writ petition with the aforesaid prayer.
3. Heard Mr.K.Sasindran, learned counsel appearing for the petitioner who having reiterated the same seeks indulgence of this Court.
4. Heard Ms.V.Revathy, learned Standing Counsel appearing for the respondent TANGEDCO i.e. R1 to R5 who would submit that, the objections being raised by the respondents 6 to 11 may not be justifiable. Anyhow, since there has been a stiff resistance and objections, the TANGEDCO is not able to proceed further.
5. In view of the order going to be passed in this writ petition, notice to the respondents 6 to 11 is hereby dispensed with.
6. If at all the petitioner is the owner of the property for which he seeks domestic service connection and for getting such domestic service 3/6
connection if he is eligible and entitled to, the same can be considered and decided by the TANGEDCO and in this regard if any third party objection is coming that can also be considered and decided by the TANGEDCO.
7. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders:
That there shall be a direction to the official respondents, i.e. R1 to R5 to consider the request of the petitioner, i.e., application dated 07.04.2022 for getting domestic service connection to his dwelling house and decide the same after hearing both the petitioner as well as the private respondents by giving separate notices to them. The needful as indicated above shall be undertaken by the respondents within a period of six weeks from the date of receipt of a copy of this order.
8. With this direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.11.2022 Index : Yes / No Speaking Order: Yes / No Sgl 4/6
To 1.The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Circle (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Circle (TANGEDCO), Erode Electricity Distribution Circle, Erode District.
4.The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited Erode Electricity Distribution Circle, Vendipalayam, Erode District.
5.The Assistant Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited Erode Electricity Distribution Circle, Ganapathipalayam, Erode District.
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R. SURESH KUMAR, J.
Sgl 16.11.2022 6/6