S.Thanumalayan v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) S.Thanumalayan ... Petitioner Vs.

The Executive Engineer, Distribution, TANGEDCO, Valliyoor, Tirunelveli District. ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to grant two more months for the purpose of submitting "No Objection Certificate" to be obtained from Public Works Department so as to get the free electricity service connection to the petitioner's agricultural properties on the strength of the petitioner's registration seniority vide Serial No.99/2001 - 2002 dated 12.11.2001.

For Petitioner : Mr.R.Anand For Respondent : Mrs.M.Rajeswari for Mr.S.M.S.Johny Basha, Standing Counsel for the respondent

O R D E R

This writ petition has been filed for a Mandamus, seeking for a direction to the respondent to grant two more months time to the petitioner for submitting the "No Objection Certificate" to be obtained from the Public Works Department, so as to get electricity service connection for the petitioner's agricultural properties on the strength of the petitioner's application dated 12.11.2001.

2. It is the case of the petitioner that he applied for free electricity service connection for his agricultural properties comprised in Survey Nos.1B1C, Patta No.2164 at Karunkulam Village, Radhapuram Taluk, Tirunelveli District on 12.11.2001. According to him, the same was considered by the respondent. However, by their communication dated Nil.07.2020, they have asked the petitioner to produce the "No Objection Certificate" to be obtained from the Public Works Department, within a period of ninety days.

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3. It is the further case of the petitioner that he had already taken steps to obtain the said "No Objection Certificate" from the Public Works Department. However, there is some delay in getting the same. In such circumstances, he has sought for a direction in this writ petition, directing the respondent to grant a further period of two months to obtain the "No Objection Certificate" from the Public Works Department.

4. Mrs.M.Rajeswari, representing Mr.S.M.S.Johny Basha, learned standing counsel appearing for the respondent on instructions would submit that the respondent is willing to grant two more months time to the petitioner for submitting the "No Objection Certificate" as directed by them under their communication dated Nil.07.2020.

5. After recording the submissions of the learned standing counsel appearing for the respondent, this Court directs the respondent to grant two more months time from the date of receipt of a copy of this order for the petitioner to submit the "No Objection Certificate" to be obtained from the Public Works Department as sought for by the respondent in their communication dated Nil.07.2020.

6. Accordingly, the prayer sought for in this writ petition is granted and the writ petition is allowed. No Costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2020 Sub Assistant Registrar(CS) Pm 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.

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To:

The Executive Engineer, Distribution, TANGEDCO, Valliyoor, Tirunelveli District.

Order made in Dated:

16.12.2020 KM (29.12.2020) 3P 2C 3/3