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Madras High CourtWP/22894/2017disposed of

K.Sankar, v. The Divisional Engineer,

2021-11-24Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.22894 of 2017 and W.M.P.No.24056 of 2017 K.Sankar

...Petitioner

Vs

1. The Divisional Engineer Operation & Maintenance Tamil Nadu Electricity Board Arni Division, Arni Tiruvannamalai District

2. The Junior Engineer Operation & Maintenance Tamil Nadu Electricity Board Kalambur Sub-Station Kalambur, Polur Taluk ... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the electricity service connection in Old.No.1772 New No.228-016-141 stands in the name of the petitioner father Kannan and consequently relating to the impugned order passed by the second respondent in the proceeding letter No.JE/O&M/Kalambur/D complaint No.151/2017-2018 dated 05.08.2017 (E.MC.PO/E&Para/Kalambur/KO.Pugar Manu/No.151/2017-18, dated 05.08.

2017) and quash the same as illegal and violation of the provision of Tamilnadu Electricity Board rules and consequently to direct the respondents to restore the electricity service connection in Old No.1772 New No.228-016-141 stands in the name of the petitioner father Kannan to the Senthamarai Tea Stall and Cycle Repair & Hire in survey No.540/3 to the extend of 0.005 hectare out of 0.71.0 hectare in Anjaneyar Koil bus stop, Kalambur Village, Polur Taluk.

For Petitioner :

Mr.I.Arokiasamy For Respondents :

Mr.L.Jai Venkatesh Standing Counsel

ORDER

The present Writ Petition has been filed, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the electricity service connection in Old.No.1772 New No.228-016-141 stands in the name of the petitioner father Kannan and consequently relating to the impugned order passed by the second respondent in the proceeding letter No.JE/O&M/Kalambur/D complaint No.151/2017-2018 dated 05.08.2017 and quash the same as illegal and violation of the provision of Tamilnadu Electricity Board rules and consequently to direct the respondents to restore the electricity service connection in Old No.1772 New No.228-016-141 stands in the name of the petitioner father Kannan to the Senthamarai Tea Stall and Cycle Repair & Hire in survey No.540/3 to the extend of 0.005 hectare out of 0.71.0 hectare in Anjaneyar Koil bus stop, Kalambur Village, Polur Taluk.

2.When the matter is taken up for hearing, the learned Standing Counsel appearing for the respondents would submit that the application for restoration of the electricity connection has to be made within a period of two years from the date of disconnection as per clause 22 (6) of the Tamil Nadu Electricity Supply Code 2004. In the present case, the petitioner's service connection was disconnected on 16.02.2008 and the petitioner made an application for restoration of service connection on 17.07.2017, beyond the period of two years. The service connection of the petitioner was permanently dismantled, therefore, there is no provision for restoration of disconnected service connection. However, he would further submit that, in the event, the petitioner make a fresh application long with requisite documents, the same will be considered by the respondents in accordance with law.

3.In reply, the learned counsel for the petitioner would submit that the petitioner will make fresh application for electricity service connection.

4.In view of the above submissions, this Court directs the petitioner to make fresh application to the respondents along with the requisites. On such application being made by the petitioner, the respondents are directed to consider the same in accordance with law and provide electricity connection within a period of three weeks from the date receipt of the petitioner's application.

5.With the above directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rst To:

1. The Divisional Engineer Operation & Maintenance Tamil Nadu Electricity Board Arni Division, Arni Tiruvannamalai District

2. The Junior Engineer Operation & Maintenance Tamil Nadu Electricity Board Kalambur Sub-Station Kalambur, Polur Taluk +1cc to M/s.I.Arokiasamy, Advocate, S.R.No.60757 +1cc to M/s.L.Jai Venkatesh, Advocate, S.R.No.61039 W.P.No.22894 of 2017 and W.M.P.No.24056 of 2017 KSM(CO) SU(09/12/2021)