Sundaralingam K v. The Assistant Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Sundaralingam ... Petitioner Vs.
1.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation, (Distribution Circle), Devakottai, Sivagangai District.
2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, (Distribution Circle), Devakottai Town, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents herein to forthwith grant electricity service connection to the village temple of "Arulmighu Sri Thathathreya Muneeswarar Thirukovil" situated in poramboke land comprised in Survey No.22, Block No.7, Ward - E, Eragusery Group, Devakottai, Sivagangai District, without any further delay as per representation of the petitioner dated 30.09.2021.
For Petitioner : Mr.B.Muruganandam For Respondents : Mrs.M.Rajeswari For S.M.S.Johnny Basha Standing Counsel
ORDER
Heard Mr.B.Muruganandam, learned counsel for the petitioner and Mrs.M.Rajeswari, learned Standing Counsel who took notice on behalf of the respondents.
2. This Writ Petition has been filed in the nature of Mandamus seeking a direction to the respondents/the Assistant Executive Engineer and the Assistant Engineer, both of Tamil Nadu Generation and Distribution Corporation, (Distribution Circle), Devakottai in Sivagangai District to grant electricity service connection to the Village Temple, "Arulmighu Sri Thathathreya Muneeswarar Thirukovil" situated at poramboke land comprised in Survey No.22, Block No.7, Ward - E, Eragusery Group, Devakottai, Sivagangai District. The petitioner had given a representation on 1/3
30.09.2021 seeking electricity connection.
3. It is seen that the deponent of the affidavit which has been filed in support of the Writ Petition is the Ex-Vice Chairman of Devakottai Municipality and also a villager of Eragusery Group, Devakottai in Sivagangai District. The Village Temple "Arulmighu Sri Thathathreya Muneeswarar Thirukovil" is in the said Village and it is claimed that there is another Temple "Arulmighu Sri Mummudi Nathar Thirukovil". Both the Temples are adjacent to each other. It is stated that the Temple namely "Arulmighu Sri Thathathreya Muneeswarar Thirukovil" had been demolished and malafide is imputed owing to that particular fact. However, Kumbabishegam was conducted on 07.09.2021. It is stated that electricity connection is required for the proper running of the said Temple.
4. Mrs.M.Rajeswari, learned Standing Counsel for the respondents stated that an online application should be made by the petitioner, enclosing all relevant documents regarding the Temple and also more importantly a No Objection Certificate from the Tahsildar, Devakottai.
5. A direction is given to the petitioner herein to apply online for electricity connection enclosing the documents and by paying requisite fees. On receipt of such online application, the respondents are under an obligation to examine the said application, call the petitioner for enquiry and if the documents furnished are not sufficient, inform the petitioner as to what further documents are required and thereafter, on receipt of such documents, proceed further to grant necessary electricity connection. The respondents may also ensure that necessary rules are adhered to in this regard.
6. By observing as follows, this Writ Petition itself stands allowed.
The petitioner may make necessary online application within a period of three (3) weeks from the date of receipt of a copy of this order and thereafter, on receipt of the online application along with the relevant documents and if the online application is otherwise in order, the respondents are directed to provide electricity connection within a further period of three (3) weeks.
7. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
Nsr/Lm 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.
To 1.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation, (Distribution Circle), Devakottai, Sivagangai District.
2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, (Distribution Circle), Devakottai Town, Sivagangai District.
+1 CC to M/s.B.MURUGANANDAM, Advocate ( SR-36689[F] dated 01/12/2021 30.11.2021 NSN(CO) KB(10.12.2021) 3P 4C 3/3