Sapna Aasmi v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Sapna Aasmi ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Pudukottai.

2.The Assistant Engineer Operation and Maintenance, TANGEDCO, Aranthangi Pudukottai.

3.The Tahsildar Chathiram Administration, Thanjavur ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to give electricity service connection in the name of the petitioner in respect of the property measuring to an extent of 3 cents comprised in Survey No.9/38 situated at Rethinakottai Village, Aranthangi, Pudukottai District leased out by the 3rd respondent as per the Tamilnadu Electricity Code and Regulations and that of the Terms and conditions of supply of Electricity without insisting no objection certificate from the 3rd respondent. For Petitioner :Mr.T.Leninkumar For Respondents :Mr.S.M.S.Johnny Basha for R1 & R2 Ms.M.Rajeshwari for R3 Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to give electricity service connection in the name of the petitioner with respect to the subject property.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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3.It is seen from the records that the subject property is a Government land, which was leased in favour of the petitioner by the third respondent on 02.12.2020. The petitioner seems to have put up a construction and applied for electricity service connection before the second respondent. The petitioner was asked to get a no objection certificate from the third respondent.

4. The third respondent, through letter dated 19.02.2021, addressed to the second respondent, informed the second respondent that the electricity service connection can be given, but, however, it should be given in the name of the District Collector, Thanjavur. Aggrieved by the same, the present writ petition has been filed before this Court.

5. In the considered view of this Court, the petitioner has not been deprived of an electricity service connection. The only grievance of the petitioner seems to be that the electricity service connection will be standing in the name of the District Collector. Such a decision taken by the third respondent cannot be faulted, since the property admittedly belongs to the Government. A reference made to Clause 27 of the Tamil Nadu Electricity Distribution Code will not apply to the present case, since this is not a case, where the petitioner has been deprived of an electricity service connection. It is only a case where the connection is given and it is given in the name of the District Collector. This Court does not find any ground to interfere with the impugned letter issued by the third respondent dated 19.02.2021.

6. In the result, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Superintending Engineer, TANGEDCO,Pudukottai.

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2.The Assistant Engineer Operation and Maintenance, TANGEDCO, Aranthangi Pudukottai.

3.The Tahsildar Chathiram Administration, Thanjavur 30.04.2021 AS(08.06.2021)3P 4C 3/3