Velu v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.17019 of 2020 and W.M.P.(MD)No.14225 of 2020 Velu

...Petitioner

/Vs./ 1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Aranthangi and Taluk, 2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Nagudi Village, Aranthangi Taluk, 3.Kaliyammal 4.Kalimuthu .

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus restraining the respondents 1 and 2 from giving service connection to encroached illegal construction of 3rd and 4th 1/6

respondents in S.No.34/29 in Ekapperumalur Village, Aranthangi Taluk, For Petitioner : Mr.P.Jamal Mohamed For Respondents : Mr.S.Deenadhayalan (R1 & R2) Standing Counsel

ORDER

This writ petition has been filed seeking for issuance of mandamus restraining the first and second respondents from giving service connection to the third and fourth respondents in S.No.34/29, at Ekapperumalur Village, Aranthangi Taluk, Pudukkottai District.

2. The learned standing counsel appearing on behalf of the first and second respondents submitted that already electricity service connection was provided to the third and fourth respondents for their huts and later, the third and fourth respondents had put up new construction and had sought for transfer of electricity service connection. Since the petitioner had given his objection in that regard, no service connection was provided to the third and fourth respondents.

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3. The learned standing counsel further submitted that they have already sought for clarification from the Thasildar to ascertain in which survey number, the third and fourth respondents have put up their construction. On receipt of the same, the objection made by the petitioner will be considered and a decision will be taken by the first and second respondents.

4. The learned counsel for the petitioner submitted that the petitioner will have objection in giving electricity service connection to the third and fourth respondents, if they are putting up construction in S.No.34/29. If they are going to put up construction in any other survey numbers, the petitioner will not have any grievance.

5. In view of the above, it is left open to the first and second respondents to get the properties surveyed and ascertain in which survey number, the third and fourth respondents are putting up their construction. On getting the report, the objection made by the petitioner shall be considered and a decision shall be taken with regard to providing electricity service connection to the third and fourth respondents. Before taking a final decision, the petitioner, the third and fourth respondents shall be enquired and thereafter, a decision shall be taken. 3/6

6. This writ petition is disposed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 06.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6

TO:- 1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Aranthangi and Taluk, 2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Nagudi Village, Aranthangi Taluk, 5/6

N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.17019 of 2020 Dated:

06.10.2023 6/6