M.Subbulakshmi v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.6178 of 2024 1.M.Subbulakshmi 2.K.Kollakondan 3.Valliammal 4.Pappammal 5.Shanmugathai 6.S.Ramachandra 7.A.Prabhakaran 8.S.Muniyammal 9.K.Madasamy 10.A.Saravanakumar 11.R.Marieswari 12.K.Kaniraj 1/6
13.S.Dhanalakshmi 14.P.Sudalaimani 15.K.Selvam 16.R.Anbalagan 17.G.Kannan 18.M.Ponnudurai 19.Malathy 20.A.Ponraj 21.B.Palraj 22.K.Kavitharanjani 23.K.Muthumari 24.K.Madasamy 25.P.Ponnudurai 26.S.Viyayalakshmi 27.S.Mageshwari ... Petitioners Vs.
1.The Superintending Engineer, Tuticorin Electricity Distribution Circle, Ettayapuram Road, 2/6
2.The Executive Engineer, Ettayapuram Road, 3.The Assistant Executive Engineer, Office of the Assistant Executive Engineer, Elayarasanandhal Road, Kovilpatti.
4.The Assistant Engineer, Office of the Assistant Engineer, Opposite to New Bus Stand, Elayarasanandhal Road, Kovilpatti.
5.The Special Tahsildar, Adi Dravidar Welfare Scheme, Kovilpatti Circle, (R.5 is impleaded vide order of this Court dated 25.03.2024 in W.M.P(MD)No.6943 of 2024) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide the electricity service connection to the house of the petitioners bearing the plot numbers as mentioned in the accompanying affidavit, situate at Pandavarmangalam Village, Kovilpatti Circle, Tuticorin District in conformity with the provisions of Section 43 of the Electricity Act, 2003 and in light of the representation of the 3/6
petitioners dated 04.03.2024 within the period that may be stipulated by this Court. For Petitioners : Ms.H.Jasima Yasmin, for M/s Ajmal Associates For Respondents: Mr.S.Deenadhayalan Standing Counsel for R.1 to R.4 Mr.M.Lingadurai Special Government Pleader for R.5
ORDER
Heard both sides.
2.The learned counsel appearing for the writ petitioners would maintain this writ petition insofar the petitioners 1, 3 and 14 are concerned. Insofar as the remaining petitioners are concerned, this writ petition is dismissed as withdrawn. They are given liberty to file a fresh writ petition on the same cause of action. 3.The petitioners 1, 3 and 14 belong to Scheduled Caste community. Their assignment pattas have been enclosed in the typed set of papers. They want to be provided with electricity service connection. 4.Electricity is a basic amenity. The fifth respondent ought not to oppose the 4/6
facility sought for by the writ petitioners. If any No Objection Certificate has to be given by any revenue authority it shall be given. TANGEDCO is directed to provide electricity service connection in favour of the petitioners (*)1, 2 and 3 as expeditiously as possible.
5.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) (*)Corrected as per the order of this court in WP(MD).No. 6620 of 2024 dated 10/06/2024 Sd/- ASSISTANT REGISTRAR(Writ) // True Copy // /06/2024 Sub Assistant Registrar MGA (*)To be substituted the order already despatched on 30/05/2024 To 1.The Superintending Engineer, Tuticorin Electricity Distribution Circle, Ettayapuram Road,Tuticorin.
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2.The Executive Engineer, Ettayapuram Road, Tuticorin.
3.The Assistant Executive Engineer, Office of the Assistant Executive Engineer, Elayarasanandhal Road, Kovilpatti.
4.The Assistant Engineer, Office of the Assistant Engineer, Opposite to New Bus Stand, Elayarasanandhal Road, Kovilpatti.
5.The Special Tahsildar, Adi Dravidar Welfare Scheme, Kovilpatti Circle, +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-26492[F] +1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-26558[F] +1 CC to M/s.SPL.GP ( SR-17377[F] dated 01/04/2024 ) 28.03.2024 RD(06/05/2024) 6 P / 9C KB(11/06/2024) 6 P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6