M.Mujibur Rahman v. The Assistant Electricity

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) No.1 of 2015 M.Mujibur Rahman .. Petitioner Vs.

The Assistant Electricity Engineer, Tamil Nadu Electricity Board, Sikkal, Kadaladi Taluk, Ramanathapuram District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the impugned order passed in Ka.No. U.Mi.Po./ Vi/Sikkal/ Ko.Pu/ Petition/Aa. No. 34/ 2015, dated 08.10.2015, on the file of the respondent and to quash the same as illegal and direct the respondent to grant electricity connection to the petitioner's dwelling house at 4/131 A, 1st floor, Vallinokkam, Kadaladi Taluk, Ramnad District. For Petitioner :

Mr.K.R.Laxman

For Respondent :

Mr.S.Deenadhayalan Standing Counsel

ORDER

This writ petition has been filed to quash the order passed by the respondent in Ka.No. U.Mi.Po./ Vi/Sikkal/ Ko.Pu/ Petition/Aa. No. 34/ 2015, dated 08.10.2015 as illegal and direct the respondent to grant electricity connection to the petitioner's dwelling house at 4/131 A, 1st floor, Vallinokkam, Kadaladi Taluk, Ramnad District.

2. The learned counsel for the petitioner would submit that the petitioner has put up construction in the first floor of the building. However, the electricity connection sought for has been rejected by the respondent. Hence, the petitioner has approached this Court.

3. A perusal of the impugned order would indicate that a third party had also raised an objection with regard to the grant of the service connection to the petitioner. But however, considering the claim or

objection made by the respective parties, the respondent has rejected the request of the petitioner by passing the impugned order, which in the view of this Court is a non-speaking order. Hence, the order impugned herein is set aside and the matter is remitted back to the respondent for considering the application of the petitioner, however, after providing opportunity to the third party also, who had made objection. The said exercise shall be completed by the respondent within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the aforesaid direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

K.KUMARESH BABU, J.

abr Dated: 11.11.2024