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Madras High CourtWP(MD)/23438/2017disposed of

P.Murugesan, v. The Chief Engineer

2017-12-20Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.23438 of 2017 P.Murugesan .. Petitioner Vs.

1. The Chief Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Madurai Regional Office, Madurai - 625 007.

2. The District Superintendent, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Dindugul District, Dindugul.

3. The Executive Engineer, Distribution, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Palani, Dindugul District.

4. The Assistant Engineer, Distribution, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Palani, Dindugul District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 3 and 4 to grant electricity connection to petitioner's agriculture land in Survey No.205/1, to an extent of 3.61.0 hectares, situated in Thottathu Salai, Periyapalam, Chattirapatti, Ottanchattiram Taluk, Dindigul District as per Seniority basis vide Priority No.6208, dated 02.06.1998, on the file of fourth respondent, by considering the representation given by the petitioner, on 08.07.2017, within stipulated time. For Petitioner : Mr.C.Bethanasamy For Respondents : Mr.E.P.Venkateshwar for Mr.S.M.S.Johnny Basha

ORDER

This writ petition is filed seeking a writ of Mandamus to direct respondents 3 and 4 to grant electricity connection to the petitioner's agriculture land, admeasuring 3.61.0 Hectares, comprised in Survey No.205/1, Thottathu Salai, Periyapalam, Chattirapatti, Ottanchattiram Taluk, Dindigul District, based on seniority basis, vide Priority No.6208, dated 02.06.1998, on the file of fourth respondent and also petitioner's representation, dated 08.07.2017, within the time stipulated by this Court. 2.Mr.E.P.Venkateshwar, learned counsel, representing for Mr.S.M.S.Johnny Basha, takes notice for the respondents. 3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The case of the petitioner is that he has applied for electricity service connection for his agricultural land, admeasuring 3.61.0 Hectares, comprised in Survey No.205/1, Thottathu Salai, Periyapalam, Chattirapatti, Ottanchattiram Taluk, Dindigul District, for which the fourth respondent, has given seniority vide Priority No.6208 and the petitioner has also deposited a sum of Rs.25,000/-. Since, the electricity service connection has not been provided to his agricultural land, he has also made a representation, dated 08.07.2017, to the third respondent and the was also unattended, so far. Therefore, the petitioner is before this Court.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 08.07.2017, is directed to be disposed of by the third respondent, as per law.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the third respondent to consider the representation of the petitioner, dated 08.07.2017, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar

To

1. The Chief Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Madurai Regional Office, Madurai - 625 007.

2. The District Superintendent, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Dindugul District, Dindugul.

3. The Executive Engineer, Distribution, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Palani, Dindugul District.

4. The Assistant Engineer, Distribution, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Palani, Dindugul District.

+ 1 CC TO Mr.C.BETHANASAMY, ADVOCATE IN SR No. 94692 SMN TE/SV-MMS/SAR-3 : 05/01/2018 : 3P/6C ORDER MADE IN W.P(MD)No.23438 of 2017 20.12.2017