V.Senthur Pandian v. The Executive Engineer(Distribution)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.15310 of 2020 V.Senthur Pandian ... Petitioner Vs.

1.The Executive Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Board, Kadaiyanallur Taluk, Tenkasi District.

2.The Assistant Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Board, Mullikulam, Kadaiyanallur Taluk, Tenkasi District.

3.The Superintendent Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Board, Puliyakudi, Kadaiyanallur Taluk, Tenkasi District.

4.The Village Administrative Officer, Village Administrative Office, Nagaram Village, Kadayanallur Taluk, Tenkasi.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents herein to consider petitioner's representation dated 30/09/2020 and pass appropriate orders to provide new Agricultural electricity connection sanctioned in Registration No. 50/2001-02 dated 14/09/2001 with respect to the land in Survey No.59/4A1 classified as Ryotwari Punja in Echampottal Pudur, Nagaram Village, Kadayanallur Taluk, Tenkasi within a time stipulated by this Court. For Petitioner :

Mr.V.Meenakshisundaram For R1 to R3 :

Ms.Parameshwari, for Mr.SMS.Johnny Basha For R4 :

Mr.M.Rajarajan, Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner's mother Kottaithai applied for providing free agricultural electricity service connection for the petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

mentioned land way back on 14.09.2001. The petitioner's mother has executed a settlement deed in favor of the petitioner. The revenue records have also now been changed in favour of the petitioner. The electricity service connection is given free for the farmers. Therefore, it has to necessarily follow seniority system. It appears that the application submitted by the petitioner's mother is due for consideration now. The question that arises is whether the petitioner can step into the shoes of his mother. 3.I am of the view that since there are no rival claims, there cannot be any objection for the petitioner stepping into the shoes of his mother. Therefore, the respondents are directed to treat the application submitted by the petitioner's mother as if it is the petitioner's application and grant electricity service connection as sought for within a period of six weeks from the date of receipt of copy of this order. If the petitioner has to fulfil any other administrative formalities, the same shall be complied with by the petitioner.

4.The writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. +1 CC to M/s.GP ( SR-1654[F] dated 21/01/2021 ) +1 CC to M/s.D.NALLA THAMBI, Advocate ( SR-1580[F] dated 21/01/2021 ) WP(MD)No.15310 of 2020 20.01.2021 (ES)CO AP(08/02/2021) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2