Madras High CourtWP(MD)/7403/2017disposed of

Kanakaraj, v. The Tamil Nadu Generation And

2018-06-21Honourable Mr Justice S.S. Sundar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2018 C O R A M THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)Nos 7403 and 7404 of 2017 and W.M.P (MD) Nos.5803 and 5804 of 2017

1. Kanakaraj ... Petitioner in W.P (MD) No. 7403 of 2017

2. Samuvel ... Petitioner in W.P (MD) No. 7404 of 2017 Vs.

1. The Tamil Nadu Generation and Distribution Anna Salai Chennai- 600 002.

Represented by its Chairman

2. The Superintending Engineer Kanyakumari district At Nagercoil

3. The Executive Engineer Kuzhithurai, Kanyakumari District - 629 163.

4. The Assistant Executive Engineer Kuzhithurai, Kanyakumari District - 629 163

5. The Junior Engineer Kannumamoodu Kannumamoodu P.O Via Palukal Kanyakumari District- 629 160

...Respondents

Prayer in W.P (MD) No. 7403 of 2017 : Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus directing the respondents to give to the petitioner supply of electricity for his building bearing Door No.11-56-B of Palukal Town Panchayat that is Chenkanchivilaiputhen Veedu, Palukal P.O. Kanyakumari District.

Prayer in W.P (MD) No. 7404 of 2017 : Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus directing the respondents to give to the petitioner supply of electricity for his building bearing Door No.III-7-176 of Devicode Village Panchayat that is Nedumkottukonam Veedu, Mankalai, Melpalai P.O. Via Edaicode, Kanyakumari District. For Petitioners : Mr.K.N.Thampi For Respondents : Mr.E.P.Venkateshwar for S.M.S. Johnny Basha

O R D E R

The petitioners in the respective writ petitions have filed these writ petitions to direct the respondents to provide electricity supply to their buildings which are located in Chenkanchhivilai Puthen Veedu. Palukal P.O, Kanyakumari Distirct and Devicode Village Panchayat that is Nedumkottukonam Veedu, Mankalai, Melpalai P.O. Via Edaicode, Kanyakumari District respectively.

2. The learned Standing Counsel for the respondents though admitted that the respondents are bound to give supply of electricity with proof of petitioner's possession and other conditions, stated that the applications filed by the petitioners were returned. The said submission has been denied by the learned counsel for the petitioners. However, the learned counsel appearing for the petitioners submitted that without prejudice to their contentions in the main writ petitions, the petitioners are prepared to submit fresh application and on such submission the respondents may be directed to consider the applications within the time stipulated. The learned counsel for the petitioner further apprehends that the respondents may be directed to receive the applications to be submitted by the petitioners or their counsel as in respect of the same matter the application submitted earlier was not accepted when it was presented to the respondent in person.

3. Considering the grievance of the petitioner, this Court is inclined to pass the following directions:

i) The petitioners are directed to file fresh application along with the registration fees and other usual documents before the fifth respondent within a period of one week from the date of receipt of a copy of this order.

ii) The fifth respondent shall consider the application submitted by the petitioners and pass appropriate orders or extend the electricity supply within a period of four weeks from the date of receipt of such application.

iii) The learned counsel appearing for the petitioner states that the petitioners may be permitted to submit their application in person. Hence the fifth respondent is also directed to receive fresh application from the petitioner during office hours.

4. With the above direction, the writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To