C.Jebamalai Mary v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Jebamalai Mary ... Petitioner Vs.

1. The Executive Engineer, TANGEDCO (Distribution), Karaikudi, Sivagangai.

2. The Assistant Engineer, TANGEDCO, Devakottai, Sivagangai.

3. John

4. Santhiyayee ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent's Impugned Communication in VumiPoo/Pa/Voo/Va/Theva/Va.Aa/Koo.Kattu/A.No. 21 dated 27.01.2020 and quash the same as devoid of merits, consequentially directing the respondents No. 1 and 2 to provide Electricity service connection for the petitioner's house property in Survey No. 219/2 an extent of 08.15 Acre in Door No. 194, Suriyan 1/6

Kudiyiruppu, Hanumanthagudi Group, Devakottai Taluk, Sivaganai District, by considering his application dated 20.12.2019, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Deenadhayalan (R1 & R2) Standing Counsel No appearance (R3 & R4)

ORDER

Challenging the impugned order dated 27.01.2020 passed by the second respondent electricity board, this writ petition is filed.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner sought for electricity service connection to her house property in S.No. 219/2 measuring to an extent of 08.15 Acre in Door No. 194, Suriyan Kudiyiruppu, Hanumanthagudi Group, Devakottai Taluk, Sivaganai District. However, considering the objections raised by the agricultural land owners situated around the petitioner's house property, the impugned order came to be passed.

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4. When the matter is taken up for hearing, the learned standing counsel appearing for the first and second respondents, on instructions submitted that unless and until no objection certificate is received from all the stake holders through whose property the electricity line is proposed to be drawn to the petitioner's house, they will be in a difficult situation and the electricity service connection sought for by the petitioner could not be given.

5. The third and fourth respondents are the private respondents, who have raised objection for grant of electricity connection to the petitioner's house. Despite receipt of notice from this Court, they have not opted to appear before this Court either in person or through a counsel.

6. Considering the fact that electricity being one of the basic amenities for livelihood, the petitioner cannot be allowed to dwell in dark endlessly only because of the fact that the third and fourth respondents keep on objecting. In view of the same, the impugned order dated 27.01.2020 passed by the second respondent electricity board is hereby quashed. The first and second respondents are directed to provide electricity service connection to the petitioner's property, by considering her application dated 20.12.2019 within a period of eight weeks from the date of receipt of a copy of this order. 3/6

7. With the above direction, this writ petition is allowed. No costs. 09.12.2024 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The Executive Engineer, TANGEDCO (Distribution), Karaikudi, Sivagangai.

2. The Assistant Engineer, TANGEDCO, Devakottai, Sivagangai.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 09.12.2024 6/6