Madras High CourtWP(MD)/13002/2015allowed

S.Mohamed v. The Junior Engineer I Grade

2023-09-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 S.Mohamed ... Petitioner Vs.

1.The Junior Engineer I Grade, Rural South, Tamilnadu Generation and Distribution Corporation Ltd., Theni - 625 531.

2.P.Raja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of impugned order passed by the 1st respondent dated 23.06.2015 bearing Ka.No.E.Po/Vu/the/Theni/Va.vu/Tho.kattu/Aha No.173/15-16 and quash the same and direct the 1st respondent to give Electricity connection for the GI Sheet shed constructed in Survey No.37/3 situated at Aranmanaipudur, Kodovilarpatti Village, Theni District.

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For Petitioner : Mr.R.Saravanan For Respondents : Mr.S.Deenadhayalan, Standing Counsel for R1.

Mr.P.Ganapathi Subramanian for R2.

ORDER

Heard the learned counsel for the writ petitioner, the learned standing counsel for the first respondent and the learned counsel for the second respondent.

2.The petitioner applied for electricity service connection for the petition mentioned premises. By the impugned communication dated 23.06.2015, the petitioner was informed that supply cannot be given. Challenging the same, the present writ petition came to be filed. 3.The impugned order merely states that the application of the petitioner was referred for legal opinion and that it has been opined that connection cannot be given.

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4.This in my view is totally non-speaking. It cannot be characterized as a reason at all. On this sole ground, the impugned communication is set aside. The petitioner is permitted to apply afresh before the first respondent. Prima facie I do not find any impediment for granting connection to the petitioner herein. If there is no other impediment and subject to fulfilment of other usual formalities, the application to be submitted by the petitioner shall be favourably considered.

5.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 19.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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