S.K.P.Murugan v. The Assistant Electrical Engineer (Distribution)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.2833 and 2834 of 2025 S.K.P.Murugan ... Petitioner -vsThe Assistant Electrical Engineer (Distribution), The Tamil Nadu Generation and Distribution Corporation Limited, Kadalaiyur, Kovilpati, Tuticorin District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of respondent in Ka.No.e.Mi.Po./Vi/Kadalaiyur/Va. U/Ko.Cut/A.No. 132/24, dated 06.05.2024, quash the same as illegal and consequently, direct the respondent to accord agricultural electricity connection with respect to Application Nos.200073030324307 and 2000730324308, dated 26.03.2024, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.S.Deenadhayalan Standing Counsel
ORDER
This writ petition is filed challenging the order passed by the respondent, dated 06.05.2024, and consequently, direct the respondent to accord agricultural electricity connection to the petitioner with respect to Application Nos. 200073030324307 and 2000730324308, dated 26.03.2024.
2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the petitioner submits that the relevant regulations should not hinder the authorities from granting an agricultural service connection. The relevant aspect is that the premises in question are related to nonpayment of dues. Since the connection is for agricultural purposes, as held by this Court, there is no legal bar for granting the same. The learned counsel for the petitioner further submits that a Hon'ble Division Bench of this Court, by order dated 01.11.2018, in W.M.P.(MD)No.17120 of 2018 in W.P.(MD)No.19377 of 2018, granted similar relief to the petitioner therein. The relevant portion of the said order reads as under:-
''4. Considering the above stated facts, we deem it fit to direct the respondents to give agricultural service connection to the petitioner pursuant to the application dated 3.7.2018 on condition that the petitioner shall pay a sum of Rs.4 lakhs without prejudice to the contention on merits. The said amount shall be paid within a period of 15 days. On such payment being made, the respondents shall give agricultural service connection within a period of one week thereafter.'' Therefore, the learned counsel for the petitioner prays for a similar direction to be given to the respondent to provide agricultural service connection to the petitioner.
4. The learned Standing Counsel appearing for the respondent submits that the request cannot be considered unless and until the petitioner succeeds. It is further submitted that such a request will only be considered if the necessary payment is made and the agricultural service connection will be granted based on seniority.
5. Considering the above said submissions, this Court deems it fit to direct the respondent to consider the applications submitted by the petitioner, dated 26.03.2024 and pass appropriate orders on merits and in accordance with law and
also in the light of the order passed by the Hon'ble Division Bench of this Court, dated 01.11.2018, in W.M.P.(MD)No.17120 of 2018 in W.P.(MD)No.19377 of 2018.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 14.02.2025 Index : Yes / No smn2 To:- The Assistant Electrical Engineer (Distribution), The Tamil Nadu Generation and Distribution Corporation Limited, Kadalaiyur, Kovilpati, Tuticorin District.
VIVEK KUMAR SINGH , J.
smn2 14.02.2025