Azhagumalai v. The Assistant Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.12008 of 2021 Azhagumalai ... Petitioner Vs.
1. The Assistant Executive Engineer TANGEDCO Ltd., Tamil Nadu Electricity Board, Manamadurai, Sivagangai District - 630606.
2. The Assistant Engineer TANGEDCO Ltd., Tamil Nadu Electricity Board, Thiruppachethi, Thiruppuvanam Taluk, Sivagangai District - 630610.
3. Azhagumalai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Letter No.U.Mi.Po/Va/Thiru/Va.Aa/Co.Manu/ Ka.No:039/21, dated 06.07.2021 and quash the same as illegal and consequently direct the second respondent to provide electricity 1/6
connection forthwith to the "Oorkavalan Temple" which is situated in Survey No.58/8, Thoothai Village, Thiruppuvanam Taluk, Sivagangai District based on the petitioner application with payment on 24.12.2018 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.P.Jothi for Mr.A.Subramanian For R1 & R2 : Mr.S.Deenadayalan Standing Counsel For R3 : Mr.B.Muneeswaran
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Letter No.U.Mi.Po/Va/Thiru/Va.Aa/Co.Manu/Ka.No:039/21, dated 06.07.2021 and quash the same as illegal and consequently direct the second respondent to provide electricity connection forthwith to the "Oorkavalan Temple" which is situated in Survey No.58/8, Thoothai Village, Thiruppuvanam Taluk, Sivagangai District based on the writ petitioner's application with payment on 24.12.2018 within a stipulated time that may be fixed by this Court.
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2. It is not in dispute that the writ petitioner has given a requisition for electricity service connection to the second respondent and after accepting the same, the second respondent has prepared the estimation and at that time, objections were raised by some 60 villagers including the third respondent and that though the second respondent has directed the writ petitioner to come and rectify the defects pointed out, he has not turned up and hence, the impugned order came to be passed rejecting the writ petitioner's application. Aggrieved by the rejection, the present writ petition came to be filed.
3. When the matter is taken up for hearing today, the learned Standing Counsel appearing for the respondents 1 and 2 would submit that taking note of the objections raised by the villagers and also the third respondent and since the writ petitioner has not complied with the directions, the impugned order came to be passed. He would further submit that the writ petitioner may be directed to give a fresh representation and they are ready to consider the same and pass necessary orders.
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4. In view of the submission made by the learned Standing Counsel appearing for the respondents 1 and 2, the writ petitioner is directed to give a fresh representation before the second respondent within a period of ten days from the date of receipt of a copy of this order and on such representation, the second respondent is directed to issue notice to all the interested parties and consider the same and pass orders in accordance with law within a period of two weeks thereafter.
5. With the above observation, this Writ Petition is disposed of. No costs.
08.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 4/6
To
1. The Assistant Executive Engineer TANGEDCO Ltd., Tamil Nadu Electricity Board, Manamadurai, Sivagangai District - 630606.
2. The Assistant Engineer TANGEDCO Ltd., Tamil Nadu Electricity Board, Thiruppachethi, Thiruppuvanam Taluk, Sivagangai District - 630610.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.12008 of 2021 Dated : 08.03.2024 6/6