V.Kalavadivelu v. The Tamilnadu Electricity Ombudsman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Kalavadivelu ... Petitioner Vs.

1. The Tamil Nadu Electricity Ombudsman 19-A, Rukmini Lakshmipathy Salai, (Marshal Road), Egmore, Chennai-600 008.

2. The Chairman, (Superintending Engineer) Consumer Grievance Redressal Forum, Thanjavur EDC, TANGEDCO (Formerly TNEB), No.1 Vallam Road, Thanjavur 613 007.

3. The Executive Engineer/Thanjavur, TANGEDCO, No.1 Vallam Road, Thanjavur-613 007

4. The Assistant Executive Engineer (Rural)/Thanjavur TANGEDCO, No.1 Vallam Road, Thanjavur-613 007

5. The Assistant Engineer/Kurungulam, TANGEDCO, Kurungulam Keelpathi, Kurungulam, Thanjavur-613 303.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the first respondent dated 26.10.2018 in Appeal Petition No.18 of 2018 by reversing the order passed by the second respondent dated 23.12.2017 in case reference 06/2017-18 and quash the same as far as insisting to establish a separate borewell/well and direct the respondents to provide Tariff IIIA 1 service connection for the fan and pad Poly House, Horticulture purpose constructed in survey field 88/10A at Kurungulam, Thanjavur.

For Petitioner : Mr.R.Saravanan For Respondents : Mrs.M.Rajeswari for Mr.S.M.S.Johnny Basha Standing Counsel 1/3

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondent. 2.The petitioner seeks provision of electricity service connection for the petition mentioned poly house. The petitioner's request was misconstrued partly on account of the confusion created by the petitioner. The petitioner is an agriculturist and is already enjoying a free agricultural service connection. The respondents are under the mistaken impression that the petitioner seeks extension for the same for the poly house. Now the petitioner's counsel makes it clear that he seeks independent service connection for the petition mentioned poly house. In other words, the petitioner is not asking for any free service connection.

He wants regular electricity service connection for which, the petitioner is liable to pay the usual charges. 3.The petitioner's counsel states that the petitioner would file a fresh application for such connection within a period of three weeks from the date of receipt of copy of this order. As and when such an application received by the Jurisdictional authority, the electricity service connection will be provided to the petitioner herein as early as possible thereafter, subject to fulfilment of the usual formalities.

4.The Writ Petition is allowed on these terms. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 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 Tamil Nadu Electricity Ombudsman 19-A, Rukmini Lakshmipathy Salai, (Marshal Road), Egmore, Chennai - 600 008.

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2. The Chairman, (Superintending Engineer) Consumer Grievance Redressal Forum, Thanjavur EDC, TANGEDCO (Formerly TNEB), No.1 Vallam Road, Thanjavur - 613 007.

3. The Executive Engineer/Thanjavur, TANGEDCO, No.1 Vallam Road, Thanjavur - 613 007

4. The Assistant Executive Engineer (Rural)/Thanjavur TANGEDCO, No.1 Vallam Road, Thanjavur - 613 007

5. The Assistant Engineer/Kurungulam, TANGEDCO, Kurungulam Keelpathi, Kurungulam, Thanjavur - 613 303.

23.09.2020 SS(CO) CS(20.10.2020) 3P 6C 3/3