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Madras High CourtWP/16377/2017disposed of

C.Mariyannan v. The Executive Engineer

2021-12-08Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.12.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.16377 of 2017 and W.M.P.Nos.17684 & 30822 of 2017 C.Mariyannan

...Petitioner

Vs.

1. The Executive Engineer (O & M), Dharmapuri Division,

2. The Assistant Engineer (O & M) Perumbalai - 636 811,

3. The Assistant Executive Engineer (O & M), Pennagaram Circle, Pennagaram - 636 810,

4. Mr.Raja

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent 1 to 3 to provide 7.5 HP Agricultural EB Connection to the petitioner's Bore-well in Survey No.828/6A situated at Vellamankadu, Kendaiyanahali Village, Pennagaram Taluk, Dharmapuri District based on his application dated 04.07.2014 vide Regn. No. DED.137/2014 forthwith.

For Petitioner :

Mr.M.R.Elavarasan For Respondents :

Mr.L.Jai Venkatesh Standing Counsel for R1 to R3 No appearance for R4.

ORDER

This Writ Petition has been filed, praying to issue a Writ of Mandamus, directing the respondent 1 to 3 to provide 7.5 HP Agricultural EB Connection to the petitioner's Borewell in Survey No.828/6A situated at Vellamankadu, Kendaiyanahali Village, Pennagaram Taluk, Dharmapuri District based on his application dated 04.07.2014 vide Regn. No. DED.137/2014 forthwith.

2. The case of the petitioner is he is a small agriculturist, having agricultural land in S.Nos.828/6A and 828/8, to an extent of 0.15.00 hectares at Dharmapuri District. He dug a Bore-Well in his land for drinking water purpose and cultivation of crops. Consequently, he made an application to the respondents 1 to 3 for providing EB Service Connection to his Bore-Well on 04.07.2014. But till date, the respondents have not taken any steps and his application has not been considered so far. Aggrieved over the same, the petitioner is constrained to move the present writ petition.

3. It is unfortunate to note that even after expiry of 6 years, the petitioner's application has not been disposed of. The petitioner is doing agricultural activities and certainly, he is entitled for electricity connection to carry on his agricultural activities by extracting water from bore-well in S.No.828/6A.

4. Therefore, this Court directs the respondents 1 to 3 to dispose of the petitioner's application dated 04.07.2014 and provide electricity service connection, if it is otherwise in order, without any further delay, preferably within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar Pns To 1.The Executive Engineer (O & M), Dharmapuri Division,

2.The Assistant Engineer (O & M) Perumbalai - 636 811, 3.The Assistant Executive Engineer (O & M), Pennagaram Circle, Pennagaram - 636 810, +1cc to Mr.M.R.Elavarasan, Advocate SR. No.65475 W.P.No.16377 of 2017 and W.M.P.Nos.17684 & 30822 of 2017 CP (CO) PR (30/12/2021)