Kasinathan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.580 of 2022 Kasinathan ... Petitioner Vs.

1.The Superintending Engineer, Tamilnadu Electricity Generation and Corporation (TANGEDCO), Thanjavur Distribution Circle, Thanjavur.

2.The Executive Engineer, Operation and Maintenance, Tamilnadu Electricity Generation and Corporation (TANGEDCO), Kumbakonam South, Sri Nagar Colony, Kumbakonam, Thanjavur District.

3.The Assistant Engineer, Operation and Maintenance, Tamilnadu Electricity Generation and Corporation (TANGEDCO), Patteswaram, Kumbakonam, Thanjavur District.

4.S.Senguttuvan ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for entire records pertaining to impugned proceedings of the 2nd respondent in Kaditha No. SePo/Epa/Kumba/Va AA/Co.VEVa/A.No. 29/21-22/ dated 21.08.2021 and quash the same as arbitrary, illegal and consequently directing the respondents 1 to 3, to grant the agriculture electricity connection in favour of petitioner in respect of his land in Survey No.95/24 by taking note Seniority Vide priority No.22(TJR) dated 30.06.2003 to his agriculture land in Survey No.95/24 to an extent of 0.15.5 ares situated in Udaiyalur Village, Kumbakonam Taluk, Thanjavur District.

For Petitioner : Mr.S.Prabhu For Respondents : Mr.S.Deenadhayalan, Standing Counsel for R1 to R3.

Mr.B.Jameelarasu for R4.

ORDER

Heard both sides.

2.The petitioner is the purchaser of the petition mentioned land from the fourth respondent. The fourth respondent had applied for free 2/4

agricultural service connection. But before effecting sale in favour of the writ petitioner, he had substituted the agricultural land in his application. Therefore, the petitioner cannot take advantage of the original application. The order impugned in this writ petition does not warrant interference. Liberty is however given to the petitioner to challenge the proceedings issued in favour of the fourth respondent for substituting the field.

3.With this liberty to the petitioner, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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