Vasudevan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.21079 of 2022 Vasudevan, S/o.Subramaniyan .. Petitioner

Versus

1.The Superintending Engineer, Superintending Engineer Office, Mannarpuram, TANGEDCO, Trichy District.

2.The Executive Engineer, Tamil Nadu Electricity Board, Operation and Maintenance, Lalgudi, Trichy District.

3.The Assistant Electrical Engineer, Assistant Electrical Engineer Office, Lalgudi, Trichy District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to provide electricity connection to the petitioner's house, situated at Survey Nos.138/2B and 138/3, Keelatheru, Manakkal Village, Lalgudi Taluk, Trichy District, by considering the petitioner's representation, dated 09.12.2020. 1/5

For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr.S.Deenadhayalan Standing Counsel

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, to direct the respondents to provide electricity service connection to his house, situated at Survey Nos.138/2B and 138/3, Keelatheru, Manakkal Village, Lalgudi Taluk, Trichy District, by considering his representation, dated 09.12.2020. 2.The learned counsel appearing for the petitioner submitted that the petitioner is residing with his family members in S.Nos.138/2B and 138/3 at Keelatheru, Mankkal Village, Lalgudi Taluk, Trichy District, for the past 40 years. In the year 2009, the petitioner and his brother namely, Valayapathi renovated the house and constructed the building. The petitioner's brother got house tax receipt in his name and got electricity connection in his name and after marriage, they are living separately.

Thereafter, due to some family dispute, the petitioner's brother disconnected the electricity connection and therefore, the petitioner and his wife are living in dark without electricity connection. Hence, the petitioner gave a representation to the respondents on 09.12.2020 and thereafter, on 15.12.

appropriate action as per rule after verifying the records and provide electricity service connection. Thereafter, on 19.12.2020, the second respondent sent a communication to the petitioner informing that he will provide electricity service connection after production of anyone of the following documents, namely, (a) House Tax Receipt, (b) Water Tax Receipt, and (c) Sewage Tax Receipt. Therefore, the petitioner filed W.P.(MD)No.1542 of 2021 for providing house tax receipt and the same is pending. 3.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.

4.The petitioner has produced a copy of the Aadhar Card, Ration Card issued by the Civil Supplies Corporation and Gas connection receipt to show that he is residing in the said place. The Village Administrative Officer has also issued a certificate to show that the petitioner is residing in Natham S.No. 138/3 and he constructed a terraced house in 1 1⁄2 cents out of 106 sq.mt. Though the petitioner has not produced the house tax receipt, Water Tax Receipt, and Sewage Tax Receipt, the documents produced by him would show that he is residing in the said place. Hence, the respondents are hereby directed to provide electricity service connection to the petitioner after obtaining necessary indemnity bond.

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5.This Writ Petition stands disposed of accordingly. No costs. Index : Yes/No 22.09.2022 To 1.The Superintending Engineer, Superintending Engineer Office, Mannarpuram, TANGEDCO, Trichy District.

2.The Executive Engineer, Tamil Nadu Electricity Board, Operation and Maintenance, Lalgudi, Trichy District.

3.The Assistant Electrical Engineer, Assistant Electrical Engineer Office, Lalgudi, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.21079 of 2022 22.09.2022 5/5