Nagalakshmi.J v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE J.Nagalakshmi ... Petitioner vs.

1.The Superintending Engineer, TANGEDCO, Karur Town and Taluk.

2.The Executive Engineer, TANGEDCO, Kulithalai, Karur District.

3.The Assistant Executive Engineer, TANGEDCO, Ayyarmalai, Kulithalai Taluk, Karur District.

4.The Assistant Engineer, TANGEDCO, Ayyarmalai, Kulithalai Taluk, Karur District.

5.T.P.Shanmugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to provide Free Current for the well situated in survey No.359A/1A3, Karuveppanayakkanpettai alias K.Pettai Village, Kulithalai Taluk, Karur District pursuant to the payment of Rs.2,50,000/- under the Thakkal scheme made by the petitioner on 30.12.2021 within a time limit fixed by this Court.

For Petitioner : Mr.V.Sudhagar Nagaraj For R1 to R4 : Mr.S.Deenadhayalan, Standing Counsel

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 4 to provide free electricity service connection for the well situated in survey No.359A/1A3, Karuveppanayakkanpettai alias K.Pettai Village, Kulithalai Taluk, Karur District under the Thakkal scheme made by the petitioner on 30.12.2021 within a time frame to be fixed by this Court. 2.The petitioner has paid a sum of Rs.2,50,000/- under the Thakkal scheme for grant of free electricity service connection in respect of the aforementioned property. The same has not been considered till date. In such circumstances, she has filed this Writ Petition.

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3.Heard Mr.N.Sudhagar Nagaraj, learned Counsel for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel, who accepts notice on behalf of the respondents 1 to 4. 4.The petitioner has filed documents along with this Writ Petition in support of her case for grant of free electricity service connection under Thakkal scheme. It is for the official respondents to consider the same on merits and in accordance with law.

5.According to the petitioner, due to the pendency of a civil suit in O.S.No.92 of 2018 on the file of the District Munsif Court, Kulithalai, her application has not been processed till date. 6.The learned Standing Counsel for the official respondents would submit that the official respondents are willing to process the petitioner's application and consider the same on merits and in accordance with law. The said statement is recorded. 7.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent, who has filed the suit against the petitioner.

8.For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's application, dated 30.12.2021 seeking for free electricity service connection under Tatkal scheme in respect of her property comprised in Survey No.359A/1A3, Karuveppanayakkanpettai alias K.Pettai Village, Kulithalai Taluk, Karur District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent, who has filed the suit against the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

9.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

TO 1.The Superintending Engineer, TANGEDCO, Karur Town and Taluk.

2.The Executive Engineer, TANGEDCO, Kulithalai, Karur District.

3.The Assistant Executive Engineer, TANGEDCO, Ayyarmalai, Kulithalai Taluk, Karur District.

4.The Assistant Engineer, TANGEDCO, Ayyarmalai, Kulithalai Taluk, Karur District.

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-20682[F] dated 22/04/2022 ) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-20843[F] dated 25/04/2022 ) Order made in 21.04.2022 RS (11.05.2022) 3P-7C 3/3