Madras High CourtWP/36159/2024disposed of

Mathaiyan v. The Superintendent Engineer

2024-12-20Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.36159 of 2024 Mathaiyan ... Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Electricity Board, Namakkal Electricity Distribution Circle, Namakkal 637 001.

2 . The Executive Enginee (Maintenance), Tamil Nadu Generation and Distribution Corporation, Thirunchengode Road, Namakkal, 3 . The Deputy Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation, Thirunchengode Road, Namakkal, 4 . The Assistant Engineer, Tamil Nadu Electricity Board, Sendamangalam Main Road, Wednesday Market, Namakkal District.

... Respondents

Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to provide the electricity connection to the petitioner's Well comprised in S.No.218/3E, situated in Minnampalli Village, Namakkal Taluk and District by considering the petitioner's application dated 22.08.2024 in application reference No.200042140824491 within the time frame as fixed by this court.

For Petitioner : Mr.S.Senthil For Respondents : Mr.S.Kalaiselvan, Standing Counsel

ORDER

The writ petition is filed seeking a direction to the respondents to provide the electricity connection to the petitioner's Well situated in S.No.218/3E, Minnampalli Village, Namakkal Taluk and District by considering the petitioner's application dated 22.08.2024 in application refeence No.200042140824491.

2. The learned Standing Counsel appearing for the respondents, on instructions, submitted that due to the objection made by one Saroja, the application of the petitioner was not considered and as the electric

line to be laid over the land has not been surveyed, they are not in a position to take electric line to the petitioner's land through her property.

3. The learned counsel for the petitioner filed a typed set of papers dated 20.12.2024, wherein, the FMB sketch to S.No.218 is enclosed. A perusal of the same would suggest that the subject well is situated in S.No.218, whose total extent is 3 Hectare 70 Ares. It is also stated by the learned counsel for the petitioner that the property in S.No.218/3B1 belonged to the petitioner and his brother, as evidenced under patta No.443. Further, it is stated by him that already there is an electric pole in S.No.218/3B1 and the electric line to subject well can be taken through the properties of the petitioner and his brother by fixing another pole. A perusal of FMB would suggest that S.No.218/3B1 and S.No.218/3E are contiguous in south eastern corner of S.No.218/3B1 and hence there is no necessity to draw electric line over the property of the third party/objector.

4. The leaned counsel for the respondents would submit that if the boundaries of S.No.218/3B1 and S.No.218/3E are fixed by the surveyor, the respondents will be in a position to take electric line through the properties of the petitioner and his brother and give service connection to the subject well.

5. In view of the submission made by the learned counsel for the respondents, the petitioner is directed to survey the properties belonged to him and his brother in S.No.218/3B1 and petitioner's exclusive property in S.No.218/3E with the help of surveyor and fix the boundaries of the properties and report the same to the fourth respondent. Once the the boundaries of the afore mentioned properties are fixed by the surveyor and the same is reported to the fourth respondent, the fourth respondent shall take steps to provide electricity service connection to the petitioner's Well in S.No.218/3E, through the land in survey No.218/3B1, within a period of eight weeks from the date of receipt of the report from the petitioner.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

20.12.2024 Index:Yes/No Internet:Yes/No mst To

1. The Superintending Engineer, Tamil Nadu Electricity Board, Namakkal Electricity Distribution Circle, Namakkal 637 001.

S.SOUNTHAR, J.

mst W.P.No.36159 of 2024 20.12.2024