Krishnamoorthy.K v. The Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.5369 of 2022 K.Krishnamoorthy ... Petitioner /Vs./ 1.The Executive Engineer, Activation and Protection (City), Tamilnadu Electricity Board, Musiri, Trichy.
2.The Assistant Executive Engineer, Activation and Protection (City), Tamilnadu Electricity Board, Musiri, Trichy.
3.The Assistant Electrical Engineer, Activation and Protection (City), Tamilnadu Electricity Board, Musiri, Trichy.
4.The Junior Engineer, Activation and Protection (City), Tamilnadu Electricity Board, Musiri, Trichy.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the proceedings in Letter No.
Se.Po./E.Ka/Musiri/U.Varai/Ko.Petition /No.
116/2019 dated 13.12.2021 issued by the 1st respondent quash the same and consequently directing respondent to restore electricity connection or provide new electricity connection to the petitioner. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.S.Deenadhayalan Standing Counsel
ORDER
This writ petition has been filed challenging the impugned order dated 13.12.2021 passed by the first respondent rejecting the petitioner's application seeking for restoration of the electricity service connection standing in his name.
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2.The petitioner has challenged the impugned order on the ground that his tenant had earlier committed default in payment of electricity consumption charges to the official respondents and only on that ground, the electricity service connection was earlier disconnected. The petitioner contends that he is willing to pay entire arrears of electricity consumption charges to the respondents. According to him, arbitrarily the impugned order has been passed rejecting his application seeking for restoration of electricity service connection.
3.However, it is contended by the learned Standing Counsel appearing for the respondents that since electricity service connection was disconnected earlier in the year 2013 and the petitioner has not sought for restoration of electricity service connection within a period of two years, he has to apply for fresh electricity service connection.
4.The learned counsel appearing for the petitioner, on instructions, would submit that the petitioner is willing to submit a fresh online application on payment of arrears of the electricity consumption charges as well as any amount claimed by the official respondents. The said statement is recorded. 5.No prejudice would be caused to the respondents, if the petitioner is permitted to submit a fresh online application seeking for electricity service connection for his property, after payment of arrears of electricity consumption charges demanded by the respondents.
6.For the foregoing reasons, this Court directs the petitioner to pay the arrears of charges as demanded by the respondents and submit a fresh online application to the third respondent seeking for electricity service connection for his property at Musiri, Thuraiyur, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said online application and on receipt of the charges from the petitioner as stated supra, the third respondent shall pass final orders on the petitioner's online application seeking for electricity service connection, within a period of eight (8) weeks thereafter. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3
To The Assistant Electrical Engineer, Activation and Protection (City), Tamilnadu Electricity Board, Musiri, Trichy.
+1 CC to M/s.D. SELVANAYAGAM, Advocate ( SR-19134[F] dated 18/04/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-19500[F] dated 19/04/2022 ) 13.04.2022 MGJ(05.05.2022) 3P 4C 3/3