Muthuchamy.A v. The Executive Engineer (Operations And Maintenance)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.5868 of 2022 A.Muthuchamy ... Petitioner vs.

1.The Executive Engineer (Operation and Maintenance), Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), Alangudi, Pudukottai District.

2.The Assistant Commissioner, Land Reforms, Old Collector Office Building, Trichy.

3.The Sub Inspector, Land Reforms, Pudukottai Section, Trichy.

4.The District Collector, Office of the District Collector, Pudukottai District.

5.The Tahsildar, Pudukottai Taluk Office, Pudukottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent herein to provide free electricity service connection to the petitioner agricultural lands comprised in S.Nos.538/11 and 538/9 situated at Sambattividuthi Village, Pudukkottai District on the basis of proceedings issued vide Ka.No.Se Po/E.Ka/Ala/thu.N.Vu/Ko.su.nithi/Aa.No.923/2021 dated 19.11.2021 within a time stipulated by this Court.

For Petitioner :Mr.S.Ramakrishnan for Mr.B.Jameel Arasu For R1 :Mr.S.Deenadhayalan For R2 to R5 :Mr.M.Lingadurai Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to provide free electricity service connection to the petitioner's agricultural land comprised in S.Nos.538/11 and 538/9 situated at Sambattividuthi Village, Pudukkottai District based on the proceedings issued by the first 1/3

respondent, dated 19.11.2021 within a time frame to be fixed by this Court.

2.According to the petitioner, he is the owner of the aforementioned property. He had applied for free electricity service connection with the first respondent. According to the petitioner, proceedings have already been initiated by the first respondent on 19.11.2021 and the petitioner has been called upon to produce necessary documents. According to the petitioner, he has also produced the same before the first respondent. However, till date, free electricity service connection has not been granted to him. In such circumstances, he has filed this Writ Petition. 3.Heard Mr.S.Ramakrishnan, learned Counsel for the petitioner, Mr.S.Deenadhayalan, learned Standing Counsel, who accepts notice on behalf of the first respondent and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 2 to 5.

4.The petitioner has filed documents along with this Writ Petition to substantiate his case that he is entitled for free electricity service connection. No prejudice will be caused to the respondents, if the petitioner's application seeking for free electricity service connection for the aforementioned property is considered on merits and in accordance with law after affording to a fair hearing to the petitioner.

5.However, the learned Standing Counsel for the first respondent would submit that the petitioner will have to submit a fresh representation along with the relevant documents. The learned Counsel for the petitioner is agreeable for the same. 6.For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the first respondent requesting for free electricity service connection for the petitioner's agricultural land comprised in S.Nos.538/11 and 538/9 situated at Sambattividuthi Village, Pudukkottai District within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent shall pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing within a period of eight weeks thereafter.

7.With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

cmr To 1.The Executive Engineer (Operation and Maintenance), Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), Alangudi, Pudukottai District.

2.The Assistant Commissioner, Land Reforms, Old Collector Office Building, Trichy.

3.The Sub Inspector, Land Reforms, Pudukottai Section, Trichy.

4.The District Collector, Office of the District Collector, Pudukottai District.

5.The Tahsildar, Pudukottai Taluk Office, Pudukottai District.. +1 CC to M/s.SPL.GP ( SR-21019[F] dated 25/04/2022 ) 22.04.2022 SR(CO) KB(06.05.2022) 3P 7C 3/3