← Library
Madras High CourtWP(MD)/7671/2019disposed of

K.Ramasamy v. The Chief Engineer

2024-11-11Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.7671 of 2019 and W.M.P(MD)No.6106 of 2019 K.Ramasamy ... Petitioner Vs 1.The Chief Engineer(Distribution), Tamil Nadu Generation and Distribution Corporation Limited, Trichy Electricity Distribution Circle, Trichy.

2.The Executive Engineer(O & M), Tamil Nadu Generation and Distribution Corporation Limited, Karur Electricity Distribution Circle, Kulithalai Post, Karur District.

3.The Assistant Executive Engineer(O & M), Tamil Nadu Generation and Distribution Corporation Limited, Karur Electricity Distribution Circle, Chinthamanipatti Post, Karur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 2 and 3 to provide Agricultural Electricity Connection under Self Finance Scheme(R) to the petitioner's Agricultural land comprised in S.No.753/3, D.Idaiyapatti Village, Kadavur Taluk, Karur District as per the sanction order issued by the 3rd respondent in his proceedings Memo.No.:-AEE/O&M/CMPT/CI/F-AGL/Pro No.31/SDR No. 21/2015-2016, dated 25.05.2015. 1/5

For Petitioner : Mr.K.Dinesh for M/s.M.Saravanakumar For Respondents : M/s.S.Deenadhayalan Standing Counsel

ORDER

This writ petition has been filed for issuance of Writ of Mandamus directing the respondents 2 and 3 to provide Agricultural Electricity Connection under Self Finance Scheme(R) to the petitioner's Agricultural land comprised in S.No.753/3, D.Idaiyapatti Village, Kadavur Taluk, Karur District as per the sanction order issued by the 3rd respondent in his proceedings Memo.No.:-AEE/O&M/CMPT/CI/F-AGL/Pro No.31/SDR No. 21/2015-2016, dated 25.05.2015.

2.Heard Mr.K.Dinesh for M/s.M.Saravanakumar, the learned Counsel appearing for the petitioner and M/s.S.Deenadhayalan, the learned Standing Counsel appearing for the respondents. Carefully perused the materials available on record.

3.The petitioner had registered his name in the second respondent office for free agricultural electricity connection on 07.03.2008 under Self Finance Scheme(SFS) (R) of Rs.25,000/- (Rupees Twenty Five Thousand only) on payment of Rs.500/-. The petitioner's application was enrolled by 2/5

the second respondent office in application Registration No.505 on 07.03.2008.

4.The said application was duly considered and the Assistant Executive Engineer(Chinthamanipatti), TANGEDCO, by proceedings, dated 25.05.2015 approved the proposal for extension of supply of agricultural service to the petitioner. Despite the approval order, the petitioner has not been provided with the agricultural service and hence, the present writ petition has been filed.

5.The learned Standing Counsel appearing for the TANGEDCO, on instructions, had submitted that the property in question, has already been sold out to the third party by the petitioner and hence, the question of granting approval and giving agricultural service to the petitioner would not arise.

6.The learned Counsel appearing for the petitioner has fairly conceded that the property has been sold out as early as in the year 2021. 7.In view of the same, giving liberty to the petitioner's vendee to make a fresh application for agricultural service to the land in question to the second respondent, this Court further direct the second respondent herein to consider the said application, on receipt of the same, and pass 3/5

appropriate orders within a period of six weeks from the date of receipt of such application.

8.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected writ miscellaneous petition is also closed.

11.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Chief Engineer(Distribution), Tamil Nadu Generation and Distribution Corporation Limited, Trichy Electricity Distribution Circle, Trichy.

2.The Executive Engineer(O & M), Tamil Nadu Generation and Distribution Corporation Limited, Karur Electricity Distribution Circle, Kulithalai Post, Karur District.

3.The Assistant Executive Engineer(O & M), Tamil Nadu Generation and Distribution Corporation Limited, Karur Electricity Distribution Circle, Chinthamanipatti Post, Karur District.

4/5

L.VICTORIA GOWRI , J.

RJR W.P.(MD)No.7671 of 2019 11.11.2024 5/5