Madras High CourtWP(MD)/10748/2019disposed of

M.Masanam, v. The Superintendent Engineer,

2020-11-02Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Maasanam : Petitioner Vs.

1.The Superintendent Engineer, Tamilnadu Generation and Distribution Corporation Limited, Sivagangai Electricity Distribution Circle, Sivagangai.

2.The Executive Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Limited, Sivagangai Electricity Distribution Circle, Sivagangai.

3.The Assistant Executive Engineer (Distribution), Tamilnadu Generation and Distribution Corporation Limited, Ilayankudi, Sivagangai District.

4.The Assistant Engineer (Rural), Tamilnadu Generation and Distribution Corporation Limited, Ilayankudi, Sivagangai District.

: Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, to direct the respondents to provide agricultural electricity service connection to the petitioner's land comprised in Survey No.92/2 bearing Patta No.816, measuring about 0.45.5 hectares situated at Katchathanallur Village and Group, Ilayankudi Taluk, Sivagangai District based on the communication of the 2nd respondent dated 17.07.2010 and 1st respondent dated 09.10.2012 in the light of petitioner's application dated 23.07.1992 within a time frame as fixed by this Court. For Petitioner :Mr.N.Balamuralikrishnan For Respondents :Mrs.M.Rajeshwari for Mr.S.M.S.Johnny Basha ****

ORDER

(This petition was heard through the Video Conferencing) This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to provide agricultural electricity service connection to the petitioner's land comprised in Survey No.92/2 bearing Patta No.816, measuring about 0.45.5 hectares situated at Katchathanallur Village and Group, Ilayankudi Taluk, Sivagangai District based on the communication of the 2nd respondent, dated 17.07.2010 and 1st respondent, dated 09.10.2012 in the light of petitioner's application, dated 23.07.1992 within a time frame as

fixed by this Court.

2.Heard Mr.N.Balamuralikrishnan, learned Counsel appearing for the petitioner and Mrs.M.Rajeshwari, learned Counsel for Mr.S.M.S.Johnny Basha, learned Counsel for the respondents. 3.The petitioner claims that he is the absolute owner of the aforementioned agricultural land and that he had applied for free electricity service connection with the respondents on 23.07.1992. It is his case that till date, the respondents have not granted free electricity service connection to his agricultural land. In such circumstances, he has filed this Writ Petition. 4.Mrs.M.

Rajeshwari, learned Standing Counsel appearing for the respondents, on instructions, would submit that if the petitioner satisfies all the requirements of the respondents, the respondents are ready to consider the petitioner's application for free electricity service connection for his agricultural lands referred to supra. It is her case that the petitioner has not satisfied the requirements and that is the reason for not considering the petitioner's application for free electricity service connection. 5.No useful purpose will be served, if this Writ Petition is continued to be kept pending. It is for the respondents to decide whether the petitioner is entitled for free electricity service connection or not. While deciding the same, the respondents will have to consider the request of the petitioner on merits and in accordance with law.

6.For the foregoing reasons, this Court directs the 2nd respondent to consider the petitioner's application, dated 23.07.1992 requesting for free electricity service connection for his agricultural land comprised in Survey No.92/2 bearing Patta No.816, measuring about 0.45.5 hectares situated at Katchathanallur Village and Group, Ilayankudi Taluk, Sivagangai District and pass final orders on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS)

cmr To 1.The Superintendent Engineer, Tamilnadu Generation and Distribution Corporation Limited, Sivagangai Electricity Distribution Circle, Sivagangai.

2.The Executive Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Limited, Sivagangai Electricity Distribution Circle, Sivagangai.

3.The Assistant Executive Engineer (Distribution), Tamilnadu Generation and Distribution Corporation Limited, Ilayankudi, Sivagangai District.

4.The Assistant Engineer (Rural), Tamilnadu Generation and Distribution Corporation Limited, Ilayankudi, Sivagangai District.

Order made in 02.11.2020 pu(CO) KK(10.11.2020) 3 P 5C