Madras High CourtWP(MD)/9374/2021disposed of

Arunagiri v. The Dist.Collector

2021-05-05Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.05.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Arunagiri ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Thoothukudi District, Thoothukudi.

2. The Superintending Engineer, TNEB, Office of the Superintending Engineer, Thoothukudi District.

3. The Assistant Electrical Engineer, TNEB, Office of the Assistant Electrical Engineer, Sattankulam, Thoothukudi District.

4. The Assistant Executive Engineer, Office Assistant Executive Engineer, Tamil Nadu Power Generation and Distribution Corporation, Thiruchendur, Thoothukudi District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to take immediate action for provide electricity connection to the petitioner's agricultural land in electricity connection No.368-0919-251 by considering the petitioner's representation dated 30.04.2021 in accordance with law, within a stipulated time. For Petitioner : Mr.R.Rajaselvan For R-1 : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader For R-2 to R-4 : Mrs.S.Srimathy, Standing Counsel 1/3

ORDER

This writ petition is filed for a Mandamus, directing the respondents to take immediate action to provide electricity connection to the petitioner's agricultural land in electricity connection No.368-09-19-251 by considering the petitioner's representation dated 30.04.2021 in accordance with law, within a stipulated time.

2. The case of the petitioner is that he is having agricultural land in Survey No.331/9H at Karunkadal revenue village, Saathankulam Taluk, Thoothukudi District, wherein he has planted Drumstick trees. The petitioner has also availed electricity service connection to his agricultural land at Thatkal Scheme with the fourth respondent in the month of September 2020 and has also deposited a sum of Rs.2,50,000/- through Demand Draft No.381088. On receipt of the Demand Draft, the petitioner was also provided with a Priority No.02/2019 dated 09.10.2019.

3. It appears that the fourth respondent has also given approval to provide electricity to the petitioner's agricultural land vide connection No.368-09-251 on 15.03.2020. However, the electricity service connection has not been effected to the petitioner and therefore, the petitioner appears to have sent a legal notice on 13.04.2021 and also sent a representation on 30.04.2021 and thereafter, approached this Court.

4. Mrs.S.Srimathy, learned standing counsel takes notice for the respondents 2 to 4 and would submit that in fact the petitioner has not allowed the officials to erect the poles within his land and in view of some misunderstanding, there was a delay in effecting the service connection to the petitioner's agricultural land and would submit that if the petitioner cooperates with the officials, then electricity service connection can be effected within a reasonable time.

5.Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice for the first respondent.

6. In view of the said submissions of the learned standing counsel appearing for the Tamil Nadu Electricity Board, this writ petition is disposed of with a direction to the respondents 2 to 4 to effect the electricity service connection to the petitioner's agricultural land, within a period of three weeks from the date of receipt of a copy of this order. No Costs.

Sd/- Assistant Registrar (AD-II) Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS-) 2/3

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 District Collector, Office of the District Collector, Thoothukudi District, Thoothukudi.

2. The Superintending Engineer, TNEB, Office of the Superintending Engineer, Thoothukudi District.

3. The Assistant Electrical Engineer, TNEB, Office of the Assistant Electrical Engineer, Sattankulam, Thoothukudi District.

4. The Assistant Executive Engineer, Office Assistant Executive Engineer, Tamil Nadu Power Generation and Distribution Corporation, Thiruchendur, Thoothukudi District.

+1 CC to Mr.R.RAJA SELVAN, Advocate ( SR-18482[F] dated 06/05/2021 ) +1 CC to Special Government Pleader ( SR-18498[F] dated 06/05/2021 ) 05.05.2021 PM/AM TE : 03/06/2021 : 3P/7C 3/3