A.Arumugam v. The Executive Engineer (Operation And Maintenance)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Arumugam ... Petitioner Vs.

1.The Executive Engineer, (Operation and Maintenance), (TANGEDCO), Tirupathur Circle, Sivagangai District.

2.The Assistant Electrical Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), A.E./O and M/A.Thekkur, A.Thekkur, Tirupathur Electricity Distribution Circle, Sivagangai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent herein to provide the Electricity Service Connection under the TARIFF LA III-A(1)/3/ 4.0 KW to the petitioners agricultural lands comprised in S.No.

255/13 B situated at A.Vadakkur village, Thekkur - Aathikadu post, Tirupathur taluk, Sivagangai District on the basis of his application in Ref. No. 200054790724237 within the time stipulated by this Court. For Petitioner : Mr.P.Mahendran For Respondents : Mr.S.Deenadhayalan

O R D E R

Heard both sides.

2.The petitioner seeks service connection under the petition mentioned Scheme for his agricultural lands.

3.Clause 29(2)(b) of the Tamil Nadu Electricity Distribution Code stipulates that the minimum extent of land to be irrigated from the bore well should be 50 cents and above. The petitioner herein is very much having the said extent. But the bore well is not going to be located within 50 cents. It is going to be located in S.No.255/13 B. The lands proposed to be irrigated are located in 256/8B, 256/9, 258/3A and 259/8A.

4.Merely because the land is to be irrigated and the site, where the bore well is going to be located are slightly separated from each other, that is not a ground to deny service connection. The petitioner can locate this bore well only based on the availability of the water source. Since the petitioner is having minimum extent of land to be irrigated, the respondents are directed to provide service connection to the petitioner as sought for. 5.The Writ Petition stands allowed, accordingly. No costs. 29.07.2024 NCC :No Internet :Yes Index :No mm

G.R.SWAMINATHAN, J.

mm W.P.(MD)No.17198 of 2024 29.07.2024