Kamalam v. The Divisional Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Kamalam ... Petitioner Vs
1. The Divisional Engineer, TANGENDCO, Paramakudi, Ramanathapuram District.
2. The Assistant Engineer, TANGENDCO, Paramakudi, Ramanathapuram District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing to the respondents to give Electricity Service Connection to the petitioner dwelling house at S.No. 41/7B, 7A1B, 8A, 9A, 10A, 11A, 41/3A1 to an extent of 2 cents respectively situated in Valaiyanenthal Village, Emaneswaram Group, Paramakudi Taluk, Ramanathapuram District in petitioner name on the basis of petitioner's application submitted by petitioner on 04.02.2022 on getting necessary charges within the period that may be stipulated by this Court. 1/5
For Petitioner : Mr. G.Chezhiyan For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
This Writ Petition has been filed seeking direction to the respondents to give Electricity Service Connection to the petitioner's dwelling house at S.No. 41/7B, 7A1B, 8A, 9A, 10A, 11A, 41/3A1 respectively situated in Valaiyanenthal Village, Emaneswaram Group, Paramakudi Taluk, Ramanathapuram District in petitioner name on the basis of petitioner's application, dated 04.02.2022. 2.Heard Mr.G.Chezhiyan, the learned counsel appearing for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4.It is the case of the writ petitioner that she has put up construction in the land assigned to her and applied for electricity connection before the 2/5
respondents. However, the same has not been provided on the ground that one Selvi/3rd party has filed a suit to cancel the assignment patta granted to the petitioner.
5.The learned counsel for the petitioner submitted that even the Tahsildar has also recommended for grant of electricity connection, wherein, he also informed the Assistant Engineer about the construction put up by the petitioner.
6.At the outset, the very nature of suit is filed for declaration to cancel 147 free house site pattas. Admittedly, the petitioner has put up construction in the aforesaid land. In such view of the matter, mere granting electricity connection will not have any impact on the right of the 3rd party in establishing the rights in the pending suit and if the 3rd party succeeded the suit, she will get the property. As the petitioner has put up construction as per the Tahsildar's report, he cannot be denied with any basic amenities.
7.In view of the above, the respondents are directed to consider the representation of the petitioner, dated 04.02.2022 and pass appropriate orders in 3/5
the light of above observations within a period of four weeks, from the date of receipt of copy of this order.
8.With the above directions, this writ petition stands disposed of. There shall be no order as to costs.
07.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The Divisional Engineer, TANGENDCO, Paramakudi, Ramanathapuram District.
2. The Assistant Engineer, TANGENDCO, Paramakudi, Ramanathapuram District.
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N.SATHISH KUMAR , J.
PNM ORDER IN 07.08.2024 5/5