Madras High CourtWP(MD)/4745/2018disposed of

Murugesan v. The Assistant Engineer

2018-03-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.4745 of 2018 Murugesan ... Petitioner Vs.

1.The Assistant Engineer, TANGEDCO (O & M), Melapachakudi, Fathimanagar Post, Tiruchirapalli.

2.Deviga ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus call by the records of the respondent in Ka.No.Umipo/Eka/ Mepa.Kudi/Koo.Katu/ A.No.12/18 dated 19.01.2018 and quash the same as illegal and arbitrary and inconsequence thereof direct the 1st respondent to provide electricity service connection to the petitioners house situated in S.F.No.29/11B of Komangalam Village Perumampattai Viralimalai Taluk Pudukottai District. For Petitioner : Mr.P.Ganapathi Subramanian For 1st Respondent : Mr.E.P.Venkateswar for Mr.S.M.S.Johny Basha Standing Counsel

ORDER

According to the petitioner, the petitioner filed an application before the first respondent seeking electricity service connection to his house. After receipt of the application, the first respondent sent a communication dated 19.01.2018 directing the petitioner to produce patta or copy of the sale deed in respect of the property, house tax receipt and certificate issued by the Village Administrative Officer. 2.Learned counsel appearing for the petitioner submitted that though he is the owner of the property, the patta was wrongly issued in the name of a third party and therefore, the petitioner has already approached the Tahsildar seeking rectification of the said mistake. Apart from that the petitioner has already submitted house tax receipt and the certificate issued by the Village Administrative Officer before the first respondent along with the application. Despite the same, the first respondent is insisting the petitioner to produce patta or sale deed in respect of the property.

3.Learned counsel appearing for the first respondent on https://hcservices.ecourts.gov.in/hcservices/

instructions submitted that the petitioner did not file any proper application and in the event of the petitioner filing proper application with relevant records, the application of the petitioner will be considered.

4.The learned counsel appearing for the petitioner submitted that the petitioner will file necessary application before the first respondent along with relevant documents namely, house tax receipt and certificate issued by the Village Administrative Officer. On receipt of such application, the first respondent is directed to consider the application of the petitioner without insisting the patta and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To The Assistant Engineer, TANGEDCO (O & M), Melapachakudi, Fathimanagar Post, Tiruchirapalli.

+One cc to Mr.P.Ganapathi Subramanian, Advocate, SR.No.53500 sms RL/3C/2P/SV/MMS/SAR1/22/3/2018 Writ Petition (MD) No.4745 of 2018 07.03.2018 https://hcservices.ecourts.gov.in/hcservices/