Mrs.S.Vasuki v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7803 of 2017 and WMP(MD)No.6063 of 2017 S.Vasuki ... Petitioner Vs.

1. The Assistant Engineer, Office of the Assistant Engineer, Generation and Distribution TANGEDCO, Usilampatti Electricity Distribution Circle, Usilampatti Taluk, Madurai District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3.Kasimayan 4.Ochappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondent No.1 to provide electricity connection to the petitioners bore well located in Survey No.235-7A to an extent of 0.71 ares and consequently provide electricity connection to the petitioner's house in Survey No.240-2 to an extent of 5 cents situated at Door No.5/34, Suliochanpatti hamlet, Thimanatham Village, Usilampatti Taluk, Madurai District. For Petitioner : Mr.T.Lajapathy Roy For Respondent -1 : Mr.S.M.Johnny Basha For Respondent -2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondents 3 & 4 : Mr.A.Haja Mohideen

ORDER

This writ petition has been filed, seeking a writ of Mandamus, directing the first respondent to provide electricity connection to the petitioner's bore well located in Survey No.235-7A and

consequently provide electricity connection to the petitioner's house in Survey No.240-2 situated at Door No.5/34, Suliochanpatti hamlet, Thimanatham Village, Usilampatti Taluk, Madurai District 2.Heard both sides.

3.The learned counsel for the petitioner submitted that the petitioner, on 16.02.2017, submitted an application for getting electricity connection to the aforementioned property and also paid necessary charges towards the same. Though the authorities made arrangements for providing electricity connection, the same was objected to by the respondents 3 and 4, stating that the electric line is crossing their patta lands. Therefore, electricity connection was not provided and the authorities informed the petitioner to solve the issue raised by the respondents 3 and 4 and then they could proceed further. The petitioner having left with no other option, is before this Court, seeking a direction to the respondents to provide electricity connection.

4. After some arguments, the learned counsel on either side mutually agreed to have their respective submissions to be considered by the respondents.

5.In the light of the above submission, this Court, without going into the merits of the case, directs the first respondent to consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, respondents 3 and 4 as well as all any of the interested parties, and also taking note of each and every objection raised thereon, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Assistant Engineer, Office of the Assistant Engineer, Generation and Distribution TANGEDCO, Usilampatti Electricity Distribution Circle, Usilampatti Taluk,

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, + 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 89721 + 1 cc TO Mr.A.Haja Mohideen , Advocate in SR No. 89493 + 1 cc TO The Special Government Pleader in SR No. 90232 dsk AE/MR KKR/SAR1/19.12.2017/3P/6C ORDER MADE IN W.P(MD)No.7803 of 2017 27.11.2017