S.Kandhaperumal v. The Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Kandhaperumal ... Petitioner -vs1. The Superintendent Engineer, TANGEDCO, Nagapattinam Electricity System, Nagapattinam District.

2. The Executive Officer, Sri Arulmigu Veerateswarar Thiru Kovil Temple, Vazhuvur, Mayiladuthurai District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to consider the representation letters dated 18.05.2023 and 12.06.2023 and thereby directing the Second Respondent to issue No-objection letter in the name of the Petitioner and further direct the First Respondent to provide agricultural electricity connection for the land in S. No. 151/B2, 166/2, 149 and 148 at Vazhuvur Village, Kuthalam Taluk, Mayiladuthurai District within time frame.

1/5

For Petitioner :

Mr. S.Sivanandam For Respondents :

Mr. D.B.R.Prabhu, Standing Counsel (for R1) Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R2)

O R D E R

Heard Mr. S.Sivanandam, Learned Counsel for the Petitioner, Mr. D.B.R.Prabhu, Learned Standing Counsel, who takes notice for the First Respondent, Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader, who takes notice for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that he had made representations dated 18.05.2023 and 12.06.2023 to the Second Respondent to issue 'No Objection Certificate' to him for obtaining electricity connection to the land in Survey Nos. 148, 149, 151/B2 and 166/2 in Vazhuvur Village, Kuthalam Taluk, Mayiladuthurai District, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/5

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 18.05.2023 and 12.06.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.03.2024 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of the Court.

3/5

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

30.10.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

vjt To

1. The Superintendent Engineer, TANGEDCO, Nagapattinam Electricity System, Nagapattinam District.

2. The Executive Officer, Sri Arulmigu Veerateswarar Thiru Kovil Temple, Vazhuvur, Mayiladuthurai District.

Copy to 1.The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2.S.Kandhaperumal S/o. Late. Subbiya, Mariyamman Kovil Street, Thirunaalkondacheri, Vazhuvar, Kuthalam Taluk, Mayiladuthurai District.

4/5

P.D. AUDIKESAVALU, J.

vjt 30.10.2023 5/5