M.Ranjan Mehta v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.2037 of 2025 M.Ranjan Mehta ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Engineer, TANGEDCO, Town North, Karaikudi, Sivagangai District.

3. The President, Shankarapuram Panchayat, Karaikudi, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 20.01.2025 passed by the 2nd respondent in Application reference No.20005401012584 and quash the same and consequently, direct the 2nd respondents to grant the electricity service connection petitioner property within a stipulated time fixed by this Court. 1/5

For Petitioner : Mr.M.Prabhakaran For R-1 & R-2 : Mr.S.Deenadhayalan Standing Counsel For R-3 : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order cancelling the application of the petitioner seeking electricity service connection to the petitioner's property.

2. Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents 1 and 2 and Mr.K.S.Selvaganesan, learned Additional Government Pleader takes notice for the third respondent.

3. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

4. Heard the learned counsels on either sides and carefully perused the materials available on record.

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5. The petitioner is in possession and enjoyment of the subject property from the date of purchase of the said property vide registered settlement deed dated 31.03.2017. The petitioner submitted an application seeking electricity service connection for the construction put up in the said property and paid necessary fee for the same. However, the same was rejected stating that the service connection is sought nearer to the Sambai Ootru. Challenging the same, the petitioner has filed this writ petition.

6. The contention of the petitioner is that the application of the petitioner was summarily rejected without even conducting any enquiry citing the proximity of sambai ootru.

7. The issue on hand has already been dealt with by this Court in W.P. (MD)No.4129 of 2022 [S.Nitheshraj vs. The District Collector and others].

8. Following the same, this writ petition is allowed and the order passed by the second respondent dated 20.01.2025 is set aside. The second respondent is directed to provide electricity service connection to the subject property subject to the fulfilment of the other usual formalities as expeditiously as 3/5

possible. No costs. Consequently, connected miscellaneous petition is closed 31.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-

1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Engineer, TANGEDCO, Town North, Karaikudi, Sivagangai District.

3. The President, Shankarapuram Panchayat, Karaikudi, Sivagangai District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 31.01.2025 5/5