Madras High CourtWP(MD)/18995/2020disposed of

S.Eswari v. The Executive Engineer

2020-12-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through the Video Conferencing) S.Eswari ... Petitioner Vs

1. The Executive Engineer, TANGEDCO / East Division, Periyakulam, Theni District.

2. The Assistant Executive Engineer, TANGEDCO /Periyakulam, Theni District.

3. The Assistant Engineer, TANGEDCO, Gramam East, Tamaraikulam, Periyakulam.

Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.No.U.Po/Oo/Ki/Peri/Ko Thani/A.No.296/2020 dated 03.12.2020 issued by the third respondent and quash the same and consequently direct the respondents to grant electricity connection to the petitioner's punja land in SF.No.1197/2F situated at Melmangalam Village, Periyakulam Taluk, Theni District based on the petitioner's application dated 16.09.2020.

For Petitioner : Mr.G.Kasinatha Durai for Ms.R.Ranjitha For Respondents : Mrs.Parameswari for M/s.S.M.S.Johny Basha Standing Counsel 1/3

ORDER

This writ petition has been filed challenging the order dated 03.12.2020 passed by the third respondent rejecting the petitioner's application for grant of electricity service connection to her punja land in SF.No.1197/2F, situated at Melmangalam Village, Periyakulam Taluk, Theni District, based on the petitioner's application dated 16.09.2020.

2. Mrs.Parameswari, learned counsel for Mr.S.M.S.Johny Basha, learned Standing Counsel accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard G.Kasinatha Durai, learned counsel representing Ms.R.Ranjitha, learned counsel for the petitioner and Mrs.Parameswari, learned counsel representing Mr.S.M.S.Johny Basha, learned Standing Counsel for the respondents.

4. As seen from the impugned order, the petitioner's application for grant of electricity service connection has been rejected by the third respondent only on the ground that the petitioner did not co-operate when the officials of the respondents went to the petitioner's premises for effecting electricity service connection.

5. The learned counsel for the petitioner on instructions would submit that, the petitioner is now willing to co-operate with the respondents in all respects, for grant of electricity service connection in her favour.

6. The learned Standing counsel for the respondents on instructions, would submit that, the respondents shall give electricity service connection to the petitioner, if the petitoner co-operates with the officials of the respondents and on payment of the requisite charges by the petitioner, if any.

7. For the foregoing reasons, the impugned order dated 03.12.2020 passed by the third respondent is hereby quashed and the matter is remanded back to the third respondent for fresh consideration. The third respondent shall grant electricity service connection to the petitioner for her punja land in SF.No.1197/2F, situated at Melmangalam Village, Periyakulam Taluk, Theni District, subject to the co-operation of the petitioner and subject to the payment of the requisite charges, if any, as demanded by the respondents and pass final orders with regard to the petitioner's application for grant of electricity service connection for the aforementioned property, within a period of four weeks from the date of receipt of a copy of this order.

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8. With the aforesaid direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 The Assistant Engineer, TANGEDCO, Gramam East, Tamaraikulam, Periyakulam.

Theni District.

Order made in Dated :

22.12.2020 SS(CO) CS(28.12.2020) 3P 2C 3/3