C.Manimurugan v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Manimurugan .. Petitioner
Versus
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Cuddalore.
2. The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhachalam, Cuddalore District.
3. The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Mudhanai, Virudhachalam Taluk, 1/7
Cuddalore District.
4. Rajaselvam .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the order, dated 17.10.2024 made in Ka.No.Sepo/O & M/Virdu/va Oo/Ko. Manu/A.No.268/24 on the file of the second respondent herein and quash the same and consequently, direct the respondents 1 to 3 herein to effect electric service connection for the petitioner's house forthwith.
For Petitioner : Mr.C.Munusamy For Respondents : Mr.L.Jai Venkatesh, for RR-1 to 3 : No Appearance for R4
ORDER
This Writ Petition is filed for a Certiorarified Mandamus calling for the records relating to the order, dated 17.10.2024 on the file of the second respondent herein and to quash the same and to direct the respondent Nos.1 to 3 to effect the electricity service connection for the petitioner's house.
2. The grievance of the petitioner is that the petitioner is seeking for 2/7
an electricity connection for his own house in S.No.181/2E1A, 2E. When the connection was about to be effected, on the mere objection of the fourth respondent, the connection was not given.
3. When the matter is taken up for hearing, Mr.L.Jai Venkatesh, learned Counsel for the respondent Nos.1 to 3 would submit that upon the application of the petitioner for effecting the connection, they have to place the pole in S.No.261/6. When the fourth respondent objected to for placing the pole in the said survey number, they sought for clarification from the revenue authorities.
4. The revenue authorities issued the clarification on 09.01.2024 stating that the said S.No.261/6 is classified as Natham Sandhu. Even thereafter, when they went to effect the connection, again, the fourth respondent started objecting and it is pending at that stage only. 3/7
5. Even the fourth respondent is served with notice, none appears for the fourth respondent.
6. It can be seen that when the property is classified as natham sandhu and it is used as a common pathway, then, the fourth respondent cannot claim exclusive right in respect of the said land. Therefore, it would be very well open to the respondent Nos.1 to 3 to place the pole in the appropriate place and effect the electricity connection. The respondent authorities shall do so within a period of four weeks from the date of receipt of a web-copy of this order without waiting of a certified copy of this order. If there is any further objection, then, the authorities shall also intimate about the same by enclosing a copy of this order to the Inspector of Police, Oomangalam Police Station, Neyveli Sub-Division, Cuddalore district and the said Police can also give protection if there is any undue objection on behalf of the fourth respondent.
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7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
17.02.2025 : no grs To
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Cuddalore.
2. The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhachalam, Cuddalore District.
3. The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Mudhanai, Virudhachalam Taluk, Cuddalore District.
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D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
17.02.2025 7/7