Velmurugan N v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Velmurugan ... Petitioner Vs.
1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar, Virudhunagar District.
2.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar, Virudhunagar District.
3.The Assistant Electrical Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Amathur, Virudhunagar District.
4.R.M.Vellaisamy ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to give / reconnect the electricity connection to the petitioner's house situated at Survey No.57/1B1 of Velloor Village, Sivakasi Taluk, Virudhunagar District on the basis of his representation dated 16.11.2020 within the time frame fixed by this Court.
For Petitioner : Mr.K.Gokul For Respondents 1 to 3 : Mr.S.Dheenadhayalan Standing Counsel
O R D E R
*********** This Writ Petition has been filed for a Mandamus seeking for a direction to respondents 1 to 3 herein to reconnect the electricity connection to the petitioner's house situated at Survey No.57/1B1 of 1/3
Velloor Village, Sivakasi Taluk, Virudhunagar District based on the petitioner's representation dated 16.11.2020 within a time frame to be fixed by this Court.
2.It is the case of the petitioner that the electricity service connection to his house situated at the aforementioned address was disconnected at the instance of the fourth respondent. He has given a representation on 16.11.2020 seeking for re-connection of the electricity service connection to his house which was disconnected earlier. Since the said representation has not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.K.Gokul, learned Counsel appearing for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel who accepts notice on behalf of respondents 1 to 3. 4.
On instructions, learned Standing Counsel would submit that the fourth respondent gave an objection to the third respondent stating that the electricity service connection given to the petitioner's house is through a pathway in Survey No.55/1D1C17 located on the eastern side. Since it falls on a pathway belonging to the fourth respondent, the third respondent had to disconnect the electricity service connection for the petitioner's house as no proper explanation was given by the petitioner with regard to the letter sent by the third respondent dated 30.06.2020. 5.Learned Standing Counsel would further submit that if the petitioner is able to provide any other alternate location with revenue records, the third respondent will consider re-connection after examination of the alternate location and revenue records. 6.
No prejudice would be caused to the respondents if the petitioner's representation seeking for re-connection of electricity for his house is considered on merits and in accordance with law by the third respondent.
7.Accordingly, this Court directs the third respondent to consider the petitioner's representation dated 16.11.2020 seeking for re-connection of electricity connection to the petitioner's house under construction situated at Survey No.57/1B1 of Velloor Village, Sivakasi Taluk, Virudhunagar District and pass final orders on merits and in accordance with law after affording a fair opportunity of hearing to the petitioner and also to the fourth respondent. The petitioner is also permitted to suggest an alternate location by producing revenue records in respect of the alternate location and the third respondent shall also consider the same in the final orders to be passed as directed by this Court today within a period of twelve [12] weeks from the date of receipt of a copy of this order.
2/3
8.With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar, Virudhunagar District.
2.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Virudhunagar, Virudhunagar District.
3.The Assistant Electrical Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Amathur, Virudhunagar District.
25.02.2022 RD(11.03.2022) 3P 4C 3/3