Madras High CourtWP(MD)/11409/2022allowed

Farook Ali v. Assistant Executive Engineer

2023-10-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.8111 of 2022 Farook Ali ... Petitioner Vs 1.The Assistant Executive Engineer, (Operation & Maintenance), Karur, Aranthangi Taluk, Pudukottai District.

2.C.Karmegam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in K.No.U.Mi.Po/E and Ka / Karur / Ko A.No.024/2022-2023 dated 20.05.2022 of the first respondent and quash the same and consequently direct the first respondent to grant electricity connection to the house of the petitioner situate in the lands in S.No.80/6, Nattani Purasakudi village, Avudaiyar Taluk, Pudukottai District. 1/4

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.S.Dheenadhayalan Standing Counsel for R.1 V.S.Badrinath for R.2

ORDER

Heard both sides.

2. The writ petitioner's mother Seyyathu Beevi was assigned the petition mentioned land in the year 2006. She settled the property in his favour and that of his brother in the year 2018. Thereafter, patta was also mutated in their names. The petitioner applied for electricity service connection. That was objected by the second respondent. After holding enquiry, the assignment as well as the patta were cancelled. Questioning the same, the petitioner and his brother Nainar Mohammed filed W.P(MD)No.7097 of 2022. Citing its pendency, TANGEDCO declined to give an electricity service connection. The cancellation order was set aside and W.P(MD)No.7097 of 2022 had been allowed.

3. In this view of the matter, the impugned communication is also set aside. The first respondent shall consider the petitioner's application and grant electricity service connection if there is no other impediment. 2/4

4. This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 03.10.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The Assistant Executive Engineer, (Operation & Maintenance), Karur, Aranthangi Taluk, Pudukottai District.

3/4

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.8111 of 2022 03.10.2023 4/4