Moorthy. R v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Moorthy ... Petitioner vs.

1.The Executive Engineer, Operations and Maintenance, TNGEDCO, Karur District, Karur.

2.The Assistant Engineer, Operations and Maintenance, Othakadai, Manmangalam Taluk, 3.The President, Nerur North Panjayath, Manmangalam Taluk, Karur Panjayat Union, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to provide electricity connection to the petitioner's building in Door No.6/75C in S.F.No.2657 to an extent of 231 sq.ft situated at Nerur North Village, Manmangalam Taluk, Karur District, without insisting the petitioner to get further documents for getting electricity connection.

For Petitioner : Mr.S.Gokulraj For Respondents : Mrs.M.Rajeswari Standing Counsel (for R1 and R2)

O R D E R

The petitioner has filed the present Writ Petition in the nature of Writ of Mandamus seeking a direction particularly against the second respondent to provide electricity connection to the building of the petitioner, which is situated in Door No.6/75C in S.F.No.2657 to an extent of 231 sq.ft in Nerur North Village, Manmangalam Taluk, Karur District.

2.Mrs.M.Rajeswari, learned Standing Counsel for TANGEDCO appears on behalf of respondents 1 and 2. In view of the nature of the order that is to be passed, notice is dispensed with for R3, who 1/3

is the President of Nerur North Panjayath, Manmangalam Taluk in 3.The learned counsel for the petitioner states that the petitioner has been in possession of the said property for several decades in its Natham Poromboke land. The petitioner's possession has been recognized by the fact that he had been directed to construct a building. Naturally, the petitioner requires electricity connection.

4.But owing to various circumstances, the third respondent had raised objections before the second respondent stating that the petitioner's application for electricity connection should be viewed with much scrutiny. This has, therefore, caused the second respondent to send a communication to the petitioner, which is questioned by the petitioner herein.

5.A direction is, therefore, given to the petitioner to give a fresh representation in writing along with the requisite documents indicating his holding over the particular property and any revenue records in his name for that particular property and the right which he has over the suit property. The second respondent may examine such representation, examine the documents, issue notice to the petitioner, call the petitioner for an enquiry and if it is required, also issue notice to the panchayat and seek clarification and if the petitioner is in possession of the said premises, grant electricity connection in accordance with law, on payment of requisite charges by the petitioner herein. The entire exercise must be completed within a period of twelve (12) weeks from the date on which the petitioner sends a representation in writing along with necessary documents to the second respondent. 6.With the above observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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. 2/3

To 1.The Executive Engineer, Operations and Maintenance, TNGEDCO, Karur District, Karur.

2.The Assistant Engineer, Operations and Maintenance, Othakadai, Manmangalam Taluk, +1 CC to M/s.S. GOKULRAJ, Advocate ( SR-34601[F] dated 16/11/2021 ) 15.11.2021 KMV(CO) KB(29.11.2021) 3P 4C 3/3