Abupacker Sithique v. The Junior Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).Nos.12756 and 12757 of 2015 W.P.(MD).Nos.12756 and 12757 of 2015:- Abupacker Sithique ... Petitioner in W.P.(MD).No.12756/2015 Venkatachalam ...

Petitioner in W.P.(MD).No.12757/2015 Vs 1.The Junior Engineer, Distribution/Urban, TANGEDGO, Shanthi Nagar, Palayamkottai, Tirunelveli District 2.The Executive Engineer, Arulmigu Venkatachalapathy Temple, Thimmarajapuram, Palayamkottai Taluk, Tirunelveli District ...

Respondents in both the petitions W.P.(MD).No.12756 of 2015:

This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st Respondent to provide electricity connection to the petitioner's house in Door No. 112-C, Seevalaperi Road, Thimmarajapuram Tirunelveli, without insisting No Objection Certificate from the 2nd respondent within stipulated time as may be fixed by this Honourable Court.

W.P.(MD).No.12757 of 2015:

This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st Respondent to provide electricity connection to the petitioner's house in Door No. 6/95, Andal Street Thimmarajapuram Tirunelveli without insisting No Objection Certificate from the 2nd respondent within the stipulated time as may be fixed by this Honourable Court.

For both the cases:- For petitioners : Mr.T.A.Ebenezer For respondent 1 : Mr.Kasinadhadurai Tamil Nadu Electricity Board https://hcservices.ecourts.gov.in/hcservices/ For Respondent 2 : Mr.J.Gunaseelamuthiah in both the petition *******

COMMON ORDER Both the Writ Petitions have been filed praying for Writs of Mandamus directing the first respondent to give electricity supply to the respective petitioners' house situated at Thimmarajapuram, Palayamkottai Taluk, Tirunelveli District, without insisting 'No Objection Certificate' to be obtained from the second respondent.

2.

When the matters are taken up for hearing, both the parties mutually consented upon to dispose of the Writ Petitions in similar to the order made in W.P.(MD).No.4944 of 2015 dated 15.04.2015.

3. Therefore, following the earlier order of this Court made in W.P.(MD).No.4944 of 2015 dated 15.04.2015, on the very same subject, the Writ Petitions are also disposed of, directing the petitioners to approach the first respondent with all the relevant documents to substantiate their claim, viz., family card, nativity certificate and a copy of the sale deed as proof of their purchase etc., and on receipt of such application, the first respondent shall issue a notice to the second respondent and call for an enquiry and then pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. The second respondent is also at liberty to produce all the relevant documents before the first respondent to substantiate their claim. It is made clear that this order shall not be construed as giving any positive direction to the first respondent, who shall pass appropriate orders, on its own merits and in accordance with law. With the above direction, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub-Assistant Registrar To 1.The Junior Engineer, Distribution/Urban, TANGEDGO, Shanthi Nagar, Palayamkottai, Tirunelveli District 2.The Executive Engineer, Arulmigu Venkatachalapathy Temple, Thimmarajapuram, Palayamkottai Taluk, Tirunelveli District +2 CC to Mr.T.A.Ebenezer, Advocate, SR No.40935, 40936 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD).Nos.12756 and 12757 of 2015 23.07.2015 ssm ssm:01.08.2015:2P/5C