V.Narayanan v. Pragalathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CONT.P.(MD)NOS.591 TO 594 OF 2022 IN W.A.(MD) NOS. 61 TO 64 OF 2018 V.Narayanan ... Petitioner/ 1st Respondent in Cont.P.(MD)No.591/2022 V.Jeyapandi ... Petitioner/ 1st Respondent in Cont.P.(MD)No.592/2022 P.Sankaravel ... Petitioner/ 1st Respondent in Cont.P.(MD)No.593/2022 V.Subbammal ... Petitioner/ 1st Respondent in Cont.P.(MD)No.594/2022 Vs Mr.Pragalathan, The Executive Engineer, Distribution, TANGEDCO, Valliyoor, Tiruneleli District.

... Respondent in these Contempt Petition Contempt Petitions filed under Section 11 of the Contempt of Court Act, praying to punish the Contemnor / Respondent for his wilful disobedience of the order of this Hon'ble Court made in W.A. (MD) Nos.61 to 64 of 2018 dated 28.09.2018.

Prayer in WA(MD). 61 to 64 of 2018 :

Writ Appeal filed under Clause 15 of the Letters Patent, against the order passed in WP(MD) Nos.9420 to 9423 of 2017 dated 30.5.2017 respectively.

Prayer in WP(MD). 9420 of 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus directing the 3rd respondent to issue NOC and further direct 1st respondent to provide electricity supply in the name of petitioner for agriculture purpose as per regulation 27(2) of the Tamil Nadu electricity distribution code to the petitioners well situated in s.no.246, Savalaikarankulam village, Nanguneri Taluk, Tirunelveli district within the time.

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Prayer in WP(MD). 9421 Of 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 3rd respondent to issue NOC and further direct 1st respondent to provide electricity supply in the name of petitioner for agriculture purpose as per Regulation 27(2) of the Tamil Nadu Electricity Distribution Code to the petitioners Bore Well situated in S.No.264, Savalaikarankulam Village, Nanguneri Taluk, Tirunelveli District within the time fixed by this Honble Court.

Prayer in WP(MD). 9422 of 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 3rd respondent to issue NOC and further direct 1st respondent to provide electricity supply in the name of petitioner for agriculture purpose as per Regulation 27(2) of the Tamil Nadu Electricity Distribution Code to the petitioners Well situated in S.No.265 and 266, Savalaikarankulam Village, Nanguneri Taluk, Tirunelveli District within the time fixed by this Honble Court. Prayer in WP(MD). 9423 of 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus directing the 3rd respondent to issue NOC and further direct 1st respondent to provide electricity supply in the name of petitioner for agriculture purpose as per regulation 27(2) of the Tamil Nadu electricity distribution code to the petitioners well situated in s.no.250, Savalaikarankulam village, Nanguneri Taluk, Tirunelveli district within the time fixed.

For Petitioner in all :

Mr.H.Arumugam the petitions COMMON ORDER (Made by PARESH UPADHYAY,J.) 1.

The petitioner seeks initiation of contempt proceedings against the respondent - authority of TANGEDCO on the basis of the judgment dated 28th September 2018 recorded on W.A.(MD) Nos.61 to 64 of 2018.

2.

Heard Mr.H.Arumugam, learned counsel for the petitioners. 3.

Attention of this Court is invited to the directions contained in para 10 of the order dated 28.09.2018, which reads as under:

"This Court also directs the second respondent, who is the Executive Engineer, Tirunelveli District to give electricity 2/3

connection to all the respondents/tenants for agricultural purpose for production of NOC. The said exercise shall be done by the Appellant within a period of two months thereafter."

4.

We find the above direction has subsequently been reviewed vide order dated 25th March, 2021. On conjoint consideration of both the orders, we find that the respondent TANGEDCO or its officers need not be called upon to answer non-compliance of the order, coupled with the fact that the locus of the petitioner would also tilt balance against them for initiation of this proceedings. 5.

The contempt petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sj/22 TO Mr.Pragalathan, The Executive Engineer, Distribution, TANGEDCO, Valliyoor, Tiruneleli District.

+4 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-17784 TO 17787[F] dated 11/04/2022 ) +1 CC to M/s.H. ARUMUGAM, Advocate ( SR-17869[F] dated 11/04/2022 ) Cont.P.(MD)Nos.591 to 594 of 2022 07.04.2022 KS(CO) GC(20.04.2022) 3P 7C 3/3