Anbarasu .R v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Anbarasu ... Petitioner Vs.

1.State of Tamil Nadu Rep. by the Assistant Engineer, TANGEDCO, Samathanapuram, Palayamkottai, Tirunelveli District.

2.Vedantham ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to forthwith issue EB connection on the petitioner's application No. 200070100423457 dated 11.04.2023 for his agricultural (patta land) in T.S.No. 35/3 in Block No.6, Ward No.BA, (Survey No.112/1C) in Vellakoil Village, Palayamkottai Taluk, Tirunelveli District.

For Petitioner : Mr.P.M.Vishnuvarathanan For Respondents : Mr.S.Deenadhayalan for R1 : Mr.A.Sankararamasubramanian for R2 1/4

ORDER

Heard both sides.

2. The petitioner seeks electricity connection for his petition mentioned patta land. On account of the objection raised by the second respondent, TANGEDCO declined to accept the request of the petitioner. That led to filing of this writ petition.

3. It turned out that service connection is sought to be drawn only from an existing pole. It is also seen that the parties have filed the criminal cases against each other. The petitioner has given an undertaking before this Court that he will say no objection in the quash petition, that has been filed by the second respondent. The petitioner states that he will not pursue the criminal case against the second respondent and others also. The second respondent shall likewise drop the criminal cases registered against the petitioner and facilitate the quashing of the same through compromise. This undertaking given by the parties is placed on record. It is also seen that the second respondent has filed civil suit in O.S.No.209 of 2022 on the file of the Principal Sub Judge, Tirunelveli. The petitioner states that he will not assert any pathway rights over 2/4

the suit property for the present and that he will work out his remedy in the pending civil suit. Since the scope of controversy has been narrowed down, the first respondent is directed to effect service connection for the petitioner as sought for subject to fulfillment of other usual formalities. This shall be done as expeditiously as possible.

4. The Writ Petition is allowed. No costs.

12.04.2024 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 23.04.2024 3/4

G.R.SWAMINATHAN, J.

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