Madras High CourtWP(MD)/20743/2021disposed of

Murugesan.S v. The Superintending Engineer

2023-01-04Honourable Mr Justice G.R.Swaminathan6 pages

1 W.P.(MD)NO.20743 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20743 of 2021 S.Murugesan ... Petitioner Vs.

1. The Superintending Engineer, TANGEDCO, 131, 132, Ettayapuram Road, Thoothukudi - 628 001.

2. The Assistant Executive Engineer, TANGEDCO, Sathankulam 110/33/11KV, Sub Station, Ittamozhi Road, Sathankulam, Thoothukudi District.

3. The Junior Engineer, TANGEDCO, Palaniyappapuram Sub Station, Meerankulam Road, Palaniyappapuram, Thoothukudi District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the proceedings of the respondents through the impugned intimation dated nil, quash as the same and consequently direct the respondents to provide electricity supply of Low Tension Energy to the petitioner's residence at survey 1/5

2 W.P.(MD)NO.20743 OF 2021 No.564/8A1, Palaniyappapuram Village, Sathankulam Taluk, Thoothukudi District, within a stipulated time as fixed by this Court.

For Petitioner : Mr.R.Aravindraj For Respondents: Mr.S.Deenadhayalan, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner applied to the respondents for being provided with electricity service connection. Since the route suggested by the petitioner was in dispute, the respondents cancelled the application. Challenging the said communication, the present writ petition has been filed.

3. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that now the issue has been resolved.

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3 W.P.(MD)NO.20743 OF 2021

4. If that be so, it is very well open to the petitioner to submit a fresh application along with the relevant documents. If the writ petitioner can indicate a dispute-free pathway, certainly the respondents are obliged to grant electricity service connection in view of the duty cast on them under Section 43 of the Electricity Act 2003.

5. The petitioner states that he will submit a fresh application along with the relevant documents within a week. The respondents are directed to consider the same and take a decision on merits and in accordance with law within a period of four weeks thereafter. This writ petition stands disposed of. No costs.

04.01.2023 Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.20743 OF 2021 To:

1. The Superintending Engineer, TANGEDCO, 131, 132, Ettayapuram Road, Thoothukudi - 628 001.

2. The Assistant Executive Engineer, TANGEDCO, Sathankulam 110/33/11KV, Sub Station, Ittamozhi Road, Sathankulam, Thoothukudi District.

3. The Junior Engineer, TANGEDCO, Palaniyappapuram Sub Station, Meerankulam Road, Palaniyappapuram, Thoothukudi District.

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5 W.P.(MD)NO.20743 OF 2021 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.20743 of 2021 04.01.2023 5/5

6 W.P.(MD)NO.20743 OF 2021 6/5