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Madras High CourtWP(MD)/20288/2014allowed

K. Veerappan, v. The Executive Engineer,

2023-03-16Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Veerappan ... Petitioner Vs.

The Executive Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Palayam, Pattukottai - 614 602 Thanjavur District ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 10.07.2014 and consequently direct the respondent to provide Free Agriculture Electricity Service connection to the petitioner's land in Survey No. 33/6 situated at Eanathi Village, Pattukottai Taluk on the basis of the petitioner's registration No.087 dated 04.05.1998 within a stipulated time may be fixed by this Court.

For Petitioner : M/s.V.Muthukamatchi For Respondent : Mr.S.Dheenadhayalan Standing Counsel for TNEB 1/6

O R D E R

This Writ Petition is filed for issuance of writ of mandamus directing the respondent to consider the representation of the petitioner and to provide free agricultural electricity connection to the petitioner's land in Survey No. 33/6 situate at Eanathi Village, Pattukottai Taluk.

2. The case of the petitioner is that he has sent an application for free electricity connection for his agricultural land in the year 1998 and the same has been registered in serial No.087. The petitioner's grievance is that he is waiting for several years for service connection and therefore filed this Writ Petition for necessary direction.

3. The learned Standing Counsel appearing for the respondent Electricity Board would submit that seniority of the petitioner's application was considered in the year 2008 and the petitioner was also directed to furnish his readiness to effect new service connection within a period of 90 days, the petitioner failed to record his readiness and 2/6

therefore, his application has been cancelled after lapse of 90 days.

4. However, the learned counsel for the petitioner has denied the communication which is stated to have been sent by the respondent department. The learned counsel for the petitioner submits that he is eagerly waiting for the service connection and he is ready to record his readiness at any time.

5. This Court considered the rival submissions made and perused the materials placed on record.

6. The petitioner has submitted an application for free agriculture electricity connection in the year 1998 and the seniority of his application was also considered by the department in the year 2008. However, on the ground that the petitioner has not offered his readiness to effect service connection within a period of 90 days, his application appears to be cancelled. But, the learned counsel for the petitioner 3/6

claims that the petitioner has not received any communication and the respondent has not produced any acknowledgement for such communication.

7. Considering the above facts and submissions, this Court is inclined to allow this Writ Petition with a direction to restore the application of the petitioner in serial No. 087 dated 04.05.1998 and to provide one more opportunity to the petitioner. The petitioner without waiting for any communication from the respondent Board shall offer his readiness within a period of 4 weeks from the date of receipt of a copy of this order. The respondent Board shall effect the service connection in the next allotment of agriculture service connection preferably within a period of six months. No costs. 16.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 4/6

To, The Executive Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Palayam, Pattukottai - 614 602 Thanjavur District 5/6

B.PUGALENDHI, J.

CM 16.03.2023 6/6