S.Pethanan, v. The Superintent Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19675 of 2017 and W.M.P.(MD) No.15935 of 2017 S.Pethanan ... Petitioner -vs1.

The Superintent Engineer, TANGEDCO, 144, Anna Salai, Chennai.

2.

The Executive Engineer (Distribution), TANGEDCO, Madurai Distribution Circle, Thirumangalam.

3.

The Assistant Engineer (Distribution), TANGEDCO, Peraiyur, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the rejection order passed by the 3rd respondent by his proceedings in Ka.No.U.Mi.Po/Vi/Perai/Ko.Agl.DKT / A.No.231/14 dated 29.10.2014 and quash the same and to provide Electricity Connection for agricultural purpose on priority for the petitioner.

For Petitioner : Mr.K.Maharajan For Respondents : Mrs.S.Srimathy

O R D E R

This writ petition has been filed, seeking to quash the impugned order of rejection dated 29.10.2014 passed by the 3rd respondent in Ka.No.U.Mi.Po/Vi/Perai/Ko.Agl.DKT/A.No.231/14, by which, the request of the petitioner for providing electricity connection to his agricultural land was rejected on the ground that no objection certificate was not obtained from the Public Works Department. The petitioner also sought a direction to the third respondent to provide Electricity Connection for the purpose of his https://hcservices.ecourts.gov.in/hcservices/

agricultural activities.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. By consent, this writ petitions is taken up for final disposal.

3. It is the case of the petitioner that he retired from Indian Army after putting 17 years of unblemished service and after his retirement, he concentrated on the agricultural activities in his ancestral property in S.No.269/9. Though he had obtained necessary approval, certificates etc., from various departments, such as Electricity Board, PWD etc., the third respondent, vide order impugned herein, declined to provide electricity connection to him on the ground stated supra, despite production of all required documents. Aggrieved by the same, the petitioner is before this Court.

4. The learned counsel for the petitioner would submit that the petitioner is having all the required documents to substantiate his claim that the bore-well is available only in S.No.265/9.

5. Considering the facts and circumstances of the case, the petitioner is directed to appear before the authorities concerned along with necessary documents within a period of two weeks from the date of receipt of a copy of this order and on such appearance and production of documents, the same shall be looked into, considered and appropriate orders be passed thereon on merits and in accordance with law within a period of four weeks thereafter after affording due opportunity of hearing to the petitioner.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.K.MAHARAJAN, ADVOCATE IN SR No. 94152 AR TE/JC/SAR-1 : 18/01/2018 : 2P/2C W.P(MD) No.19675 of 2017 and W.M.P.(MD) No.15935 of 2017 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/