D.Govindrajan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Govindarajan ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Electricity Board, Trichy.

2.The Assistant Executive Engineer, (Operation & Maintenance), TANGEDCO, Sreerangam, Trichy.

... 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 second respondent to effect electricity service connection to the bricks chamber comprised in T.S.No.892/2 situated at near Santhana Mill, Melur Road, Srirangam, Trichy District by considering the petitioner's application dated 20.09.2019. For Petitioner : Mr.T.Lenin kumar For Respondents : Mr.S.Deenadhayalan, Standing Cousel 1/4

ORDER

This Writ Petition is filed for Writ of Mandamus, to direct the second respondent to effect electricity service connection to the bricks chamber comprised in T.S.No.892/2 situated at near Santhana Mill, Melur Road, Srirangam, Trichy District by considering the petitioner's application dated 20.09.2019.

2. The contention of the petitioner is that the respondents refused to grant new electricity connection for the brick chamber. The petitioner is already having free electricity connection and the petitioner has theft of energy. The mode of theft is that the petitioner had used free agricultural electricity connection for preparing bricks and due to the same there was an energy loss to the electricity board and hence Rs.24,000/- (Rupees Twenty Four Thousand only) has to be remitted before the second respondent. The petitioner remitted the same, thereafter the second respondent directed the petitioner to deposit the compensation charges of Rs.2,62,640/- (Rupees Two Lakhs Sixty Two Thousand Six Hundred and Forty only) . Then the petitioner has challenged the same, against which this Court granted interim direction, directing the second respondent to restore the electricity connection to the petitioner on condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand 2/4

only). Based on the interim order, the petitioner remitted a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the second respondent. Hence, the remaining amount of Rs.2,12,640/- (Rupees Two Lakhs Twelve Thousand Six Hundred and Forty only) is liable to be paid by the petitioner to the respondents.

3. Therefore, the petitioner is directed to pay the same in six equal installments. When the petitioner pay the first installment, on receipt of the same, the respondents shall consider the petitioner's application for granting new electricity connection to bricks chamber. The petitioner is also directed to pay the balance amount without any deviation. If there is any deviation, the respondents are liberty to take appropriate action as per law.

4. With these observations and directions, this Writ Petition is allowed. There shall be no order as to costs.

22.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml 3/4

S.SRIMATHY, J.

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