Karpagam.R v. The Chief Engineer (Distribution)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Karpagam ... Petitioner Vs.
1. The Chief Engineer (Distribution), TNEB, K.Pudur, Madurai - 7.
2. The Executive Engineer, TNEB, Madurai West, Arasaradi, Madurai - 16.
3. The Tahsildar (Ni.A), Adidravidar Welfare Unit-1, Madurai - 20.
4. The Assistant Engineer, TNEB, Palanganatham, Madurai - 625 003.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct respondents 1, 2 and 4 to give new electricity connection to the petitioner's constructing house in Plot No.124 in Survey No.339/4A, 345 in Madakulam Village, Madurai South Taluk, Madurai, by fixing a time frame by this Court.
For Petitioner : Mr.R.Ramasamy For R-1, R-2 & R-4 : Mr.S.Deenadhayalan, Standing Counsel for TNEB.
For R-3 : Mr.P.Thamidurai, Government Advocate.
* * *
O R D E R
This writ petition has been filed for directing respondents 1, 2 and 4 to provide electricity connection to the petitioner's house situated in Plot No.124 in Survey No.339/4A, 345, Madakulam Village, Madurai South Taluk, Madurai.
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2. Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for respondents 1,2 and 4 and the learned Government Advocate appearing for the third respondent.
3. The objection raised by respondents 1, 2 and 4 is that the land belongs to the Government and already patta was granted to some of the individuals. In respect of 39 persons, patta was cancelled. Aggrieved by the same, out of 39 persons, 11 persons filed W.P.(MD) No.12641 of 2018 before this Court and the same was disposed of on 07.12.2021 with certain directions to respondents 1, 2 and 4 herein.
4. It is now made clear by the petitioner herein that her name is not found in the list of 39 persons. The respondents were not in a position to provide electricity service connection to the petitioner's house for construction purpose. The claim of the fourth respondent is that the Tahsildar / third respondent herein ought to give ' no objection certificate ' in order to provide electricity service connection.
5. It is seen from the record that the petitioner was already granted patta and some of the individuals' patta was cancelled. The petitioner's claim is that her patta was not cancelled and her name is not in the list of the said 39 persons.
6. Therefore, this Court is inclined to give direction to the respondents to provide electricity service connection to the petition mentioned house. The petitioner herein is directed to produce the original patta that was granted vide proceedings bearing Na.Ka.No.2162/7821 dated 21.06.2006. On production of such document, the respondents are directed to provide electricity service connection to the petition mentioned house for construction purpose. 7.
This writ petition stands disposed of.
No costs.
Sd/- Vacation Officer/ Assistant Registrar (RTI) // True Copy // 20/05/2022 Sub Assistant Registrar(CS) PMU 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 Chief Engineer (Distribution), TNEB, K.Pudur, Madurai - 7.
2.The Executive Engineer, TNEB, Madurai West, Arasaradi, Madurai - 16.
3.The Tahsildar (Ni.A), Adidravidar Welfare Unit-1, Madurai - 20.
4.The Assistant Engineer, TNEB, Palanganatham, Madurai - 625 003.
+1 CC to M/s.R. RAMASAMY, Advocate ( SR-23881[F] dated 20/05/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-23949[F] dated 20/05/2022 ) 20.05.2022 SP(CO) GC(20.05.2022) 3P 7C 3/3