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Madras High CourtWP(MD)/22236/2016allowed

Tamil Nadu Moovendar Panbattu v. The Assistant Executive

2017-06-19Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.22236 of 2016 and W.M.P.(MD) No.15924 of 2016 Tamil Nadu Moovendar Panbattu Kazhagam, Represented by its Chairman, S.Parankundram, 134,Sannathi Street, Thirupparankundram, Madurai City - 625 005.

... Petitioner Vs.

The Assistant Executive Engineer, TANGEDCO (Distribution), K.K.Nagar, Madurai City.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue of a Writ of Certiorarified Mandamus, relating to the respondent's impugned proceedings in f.vz;.c.br.ngh/g/nf.nf.efh;/m.vz;.13/16> ehs;.22.10.2016 insofar as it relates to providing a new electricity to petitioner's premises at R.S.No.7/13, Deputy Collector Colony, K.K.Nagar, Madurai City and quash the same as illegal and consequently, to direct the respondent to provide new electricity connection to the petitioner's above premises.

For Petitioner : Mr.R.Prabhu Ramachandran For Respondent : Mr.E.P.Venkateshwar for Mr.S.M.S.Johny Basha Standing Counsel for TNEB

ORDER

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the proceedings of the respondent dated 22.10.2016, and consequently to direct the respondent to provide new electricity connection to the petitioner to the premises, bearing R.S.No.7/13, Deputy Collector Colony, K.K.Nagar, Madurai.

2. By the impugned proceedings, the respondent stated that there are some objections made from the rival faction of the Co-operative Society. The dispute is not relating to the supply of electricity service connection to the petitioner society. Therefore, the reason stated by the respondent in the impugned order for rejecting the request to provide Electricity Service https://hcservices.ecourts.gov.in/hcservices/

Connection is not appropriate. Further in the impugned order, there is no reference to any other objection that have been raised by anyone.

3. In such circumstance, this Court is of the view that the impugned order is liable to be quashed and hence, the same is quashed. The respondent is directed to consider the application of the petitioner for providing electricity service connection to the petitioner on merits and in accordance with law within a period of four of weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. Consequently, the connected W.M.P.(MD) No.15924 of 2016 is closed. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Assistant Executive Engineer, TANGEDCO (Distribution), K.K.Nagar, Madurai City.

+1cc to M/S.R.Prabhu Ramachandran, Advocate SR.No. 60858 W.P.(MD) No.22236 of 2016 and W.M.P.(MD) No.15924 of 2016 19.06.2017 gsp/cmr JM/JC/SAR 3/29.06.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/