M.Seenichamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through the Video Conferencing) M.Seenichamy ... Petitioner Vs 1.The District Collector, Theni District.
2.The Block Development Officer, Bodinayakanur Division, Theni District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 20.11.2020 for erecting the solar power connection in respect of the petitioner's Green House situated at Bodinayakanur Village, Periyakulam, Madurai District, in Survey No.254/1, to an extent of 1.1/2 cents in pursuant to the Government Order issued by the Government of Tamil Nadu, vide G.O.Ms.No.24, dated 24.02.2017.
For Petitioner : Mr.B.Ramar For R-1 : Mr.A.Muthu Karuppan Additional Government Pleader For R-2 : Mr.C.Ramesh Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents herein to consider the petitioner's representation dated 20.11.2020 for erecting the solar power connection in the petitioner's Green House situated at Bodinayakanur Village, Periyakulam, Madurai District, in Survey No.254/1, measuring to an extent of 1.1/2 cents, in terms of Government Order issued by the Government of Tamil Nadu, viz., G.O.Ms.No.24, (Rural Development and Panchayat Raj (SGS-1) Department), dated 24.02.2017.
2. Mr.A.Muthu Karuppan, learned Additional Government Pleader accepts notice on behalf of the first respondent and Mr.C.Ramesh, learned Special Government Pleader accepts notice on behalf of the second respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Heard Mr.B.Ramar, learned counsel for the petitioner, Mr.A.Muthu Kauruppan, learned Additional Government Pleader for the 1/3
first respondent and Mr.C.Ramesh, learned Special Government Pleader for the second respondent.
4. It is the case of the petitioner that the requirements for installation of solar power connection in his green house situated in the aforementioned address in terms of G.O.Ms.No.24 (Rural Development and Panchayat Raj (SGS-1) Department), dated 24.02.2017, issued by the Government of India, has been satisfied. He has also given a representation on 20.11.2020 to the respondents, requesting them to erect solar power connection in his property as he has satisfied all the requirements of the aforementioned Government Order dated 24.02.2017. It is his case that till date the said representation has not been considered by the respondents. In such circumstances, this Writ Petition has been filed.
5. The relief sought for in this Writ Petition is an innocuous relief. The petitioner claims that since he has satisfied all the requirements for erection of solar power connection in his property, as per G.O.Ms.No.24, (Rural Development and Panchayat Raj (SGS-1) Department), dated 24.02.2017, the respondents will have to erect the same in his property. He has given a representation on 20.11.2020 to the respondents requesting them to erect the solar power connection in his property. Admittedly, the said representation has not been considered by the respondents till date. No prejudice will be caused to the respondents, if the representation of the petitioner dated 20.11.2020 is considered by them.
6. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 20.11.2020 requesting the respondents to erect the solar power connection in his property, situated at Bodinayakanur Village, Periyakulam, Madurai District, in Survey No.254/1, measuring to an extent of 1.1/2 cents, in terms of Government Order issued by the Government of Tamil Nadu, viz., G.O.Ms.No.24, (Rural Development and Panchayat Raj (SGS-1) Department), dated 24.02.2017 and pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
tsg 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. To 1.The District Collector, Theni District.
2.The Block Development Officer, Bodinayakanur Division, Theni District.
+2 CC to Mr.B.RAMAR, Advocate ( SR-24830[F] dated 10/12/2020 ) +1 CC to SPL GP ( SR-25115[F] dated 11/12/2020 ) 09.12.2020 VB (18.12.2020) 3P 6C 3/3