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Madras High CourtWP/37030/2024disposed of

Sudharsan v. The Assistant Engineer (O And M)

2024-12-09Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2024

CORAM

THE HONOURABLE MR JUSTICE S. SOUNTHAR WP. 37030 of 2024 SUDHARSAN S/O.LATE RATHINAKUMAR, NO.1/1-2, KUDUMIYAN STREET, SIVATHAPURAM, SALEM 636307.

..... PETITIONER Vs THE ASSISTANT ENGINEER (O AND M) TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., SIATHAPURAM, SALEM 636307.

... RESPONDENT Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the respondent in Refusal of the application to provide domestic residential electricity connection in reference No.200044630824947, dated 21.09.2024 and quash the same as arbitrary, illegal and non-est in he eyes of law and consequently direct the respondent to provide new electricity connection to the petitioner's house situate at No.1/1-2 Kudumiyan Street, Sivathapuram, Salem 636307 based on his application dated 03.08.2024, within a stipulated periiod.

For Petitioner : P.Thinesh For Respondent: Mr.I.Syed Sibquthulla, Standing Counsel

ORDER

This writ petition is filed challenging the order passed by the respondent, dated 21.09.2024, cancelling the application submitted by the petitioner in reference No.200044630824947, seeking electricity service connection to his house situated at No.1/1-2 Kudumiyan Street, Sivathapuram, Salem 636307.

2. It is the case of the petitioner that, his application, seeking electricity connection was cancelled by the respondents on 21.09.2024 on the ground that the petitioner failed to submit certain documents, like No objection certificate from the co-owners.

3. The learned counsel for the petitioner submitted that the petitioner has already submitted the required documents, including the no objection certificate from the co-owners on 13.09.2024 and inspite of the same, the respondent has not considered the application submitted by the petitioner.

4. Mr.I.Syed Sibquthullaa, learned Standing Counsel, who takes notice for the respondent submitted that the petitioner has already submitted no objection certificate from the co-owners, however, if he is willing to furnish indemnity bond as required by the respondent, service connection will be granted to him in accordance with law.

5. In view of the above, the impugned order passed by the respondent, cancelling the application of the petitioner is set aside and the petitioner is directed to submit an Indemnity Bond, as required by the respondent, within a period of two weeks from the date of receipt of the copy of this order and on such submission of Indemnity Bond, the respondent shall consider the application of the petitioner for service connection and pass final orders, within a further period of three weeks from the date of submission of Indemnity Bond.

6. With the above direction, this writ petition is disposed. There

shall be no order as to costs.

09.12.2024.

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

1. THE ASSISTANT ENGINEER (O AND M) TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., SIATHAPURAM, SALEM 636307.

S.SOUNTHAR, J.

mst 09.12.2024