Madras High CourtWP(MD)/3618/2022disposed of

Sundaravalli v. The Assistant Executive Engineer

2022-02-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sundaravalli .. Petitioner Vs 1.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, East Manachanallur, Trichy District.

2.Mookan @ Mookaiah .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to provide electricity connection to the petitioner's house in S.No.499 at Door No.3/399, Annanagar (East), Ayyampalayam, Manachanallur Taluk, Trichy, within a stipulated time fixed by this Court. For Petitioner: Mr.S.M.Mohan Gandhi For R-1 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to provide electricity connection to the petitioner's house situated at S.No.499 at Door No.3/399, Annanagar (East), Ayyampalayam, Manachanallur Taluk, Trichy, based on the petitioner's online application dated 17.02.2022 within a time frame to be fixed by this Court.

2. It is the case of the petitioner that the aforementioned property is in her possession from the year 1982 onwards though the land is a Government poromboke. She has applied for electricity service connection by submitting the online application on 17.02.2022. It is also her case that earlier in the year 2017, she had applied for electricity service connection. But the said application was not accepted by the first respondent. Now, she has submitted the application through online as stated supra. Since her application has not been considered till date, she has filed this writ petition.

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3. Heard Mr.S.M.Mohan Gandhi, learned counsel for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel, who accepts notice on behalf of the first respondent.

4. On instructions, the learned Standing Counsel appearing for the first respondent would submit that being the Government poromboke land, the petitioner has to obtain No Objection Certificate for getting electricity service connection from the Revenue Authority. He would also submit that the petitioner will have to pay necessary charges and only thereafter, the first respondent will be in a position to consider the petitioner's representation. The same is recorded.

5. The learned counsel for the petitioner is willing to produce all the revenue documents in support of the petitioner's claim that she is in possession of the property from the year 1982 onwards and the petitioner is also willing to pay necessary charges as requested by the first respondent. The said submission is also recorded.

6. No prejudice would be caused to the first respondent, if the petitioner's online application dated 17.02.2022 seeking for electricity service connection for her house mentioned supra is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other rival claimants including the second respondent within a time frame to be fixed by this Court.

7. Accordingly, this Court directs the first respondent to consider the petitioner's online application dated 17.02.2022 seeking for electricity service connection for her house situated in S.No.499 at Door No.3/399, Annanagar (East), Ayyampalayam, Manachanallur Taluk, Trichy and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and any other rival claimants including the second respondent within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is permitted to produce all documents / title deeds in support of her possession over the property to the first respondent and the first respondent shall consider the same in the final order to be passed as directed by this Court.

8. With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

tsg 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 The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, East Manachanallur, Trichy District.

ORDER MADE IN 25.02.2022 PKP/08.03.2022/3P/2C 3/3