Palaniammal v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23744 of 2017 Palaniammal ... Petitioner Vs.
1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, No.1, Vallam Road, Thanjavur.
2.The Executive Engineer, Operation & Maintenance, Orathanadu, Thanjavur District.
3.The Assistant Engineer, Operation & Maintenance, Distribution Corporation Ltd., (TANGEDCO Uranipuram, Orathanadu Taluk, Thanjavur District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant Free Electricity Connection for agricultural purposes to the Petitioner's Deep-weel situate in S.No.117 (Patta No.878) at 77, Akkaraivattam Village, Orathanadu Taluk, Thanjavur District on the basis of the petitioner's representation dated 01.08.2017.
For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.E.P.Venkateshwar for Mr.S.M.S.Johny Basha
O R D E R
By consent, the writ petition is taken up for final disposal at the stage of admission itself.
2. Mr.E.P.Venkateshwar, for Mr.S.M.S.Johny Basha, learned Counsel, takes notice for the respondents.
3. According to the petitioner, the subject mentioned agricultural property originally belongs to her father-in-law, one Chinnathambi and after the demise of the said Chinnathambi and his son/petitioner's husband, the property stands in her name. It is the case of the petitioner that her father-in-law, on 25.10.2004, had applied for free electricity connection, for their agricultural land, before the third respondent and based on his instructions, he had deposited a sum of Rs.25,750/- before the third respondent, who, in turn, according to the petitioner, has granted permission to dig a deep Well. But, the authorities had not granted the free electricity connection, which forced the aggrieved persons to approach the authorities. As all their efforts ended in vain, the petitioner herself, after the demise of her father-in-law and her husband, has submitted a representation dated 01.08.2017, narrating all the facts, before the respondents and because of their inaction, she is before this Court.
4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if the representation of the petitioner dated 01.08.2017, is disposed of, by the respondents, on merits and within a stipulated time limit.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioner dated 01.08.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To:
1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, No.1, Vallam Road, Thanjavur.
2.The Executive Engineer, Operation & Maintenance, Orathanadu, Thanjavur District.
3.The Assistant Engineer, Operation & Maintenance, Distribution Corporation Ltd., (TANGEDCO Uranipuram, Orathanadu Taluk, Thanjavur District.
+One cc to Mr.S.Deenadhayalan, Advocate, SR.No.94148 gk RL/5C/3P/JC/SAR1/8/1/2018 W.P(MD)No.23744 of 2017 21.12.2017