Anthony v. The Assistant Engineer (Operation And Maintenance)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.21191 of 2025 Anthony ... Petitioner Vs.
1.The Assistant Engineer (Operation & Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Chinnalapatti, Dindigul District.
2.S.Selvaraj
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to provide electricity service connection for domestic/residential use to the petitioner's premises situated at Survey No.185, Door No.7/8/15/1 South Street, Ariyanallur Village, Aathur Taluk, Dindigul District within the time frame stipulated by this Court.
For Petitioner : Mr.N.Sathish Babu For R1 : Mr.S.Deenadhayalan Standing Counsel 1/4
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Standing Counsel for the first respondent and after dispensing with the notice on the second respondent.
2. The petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus, directing the respondent to provide electricity service connection for domestic/residential use to the petitioner's premises situated at Survey No. 185, Door No.7/8/15/1, South Street, Ariyanallur Village, Aathur Taluk, Dindigul District.
3. The learned Standing Counsel appearing for the first respondent submits that the electric pole has to pass through the patta land belonging to one Selvaraj / second respondent, who has raised objections to drawing the line across his agricultural land for effecting service connection to the petitioner's premises.
4. The denial of electricity connection to the petitioner merely on the basis of the objection raised by the said Selvaraj cannot be accepted. However, it is the responsibility of the first respondent to issue notice to the said Selvaraj, 2/4
who has raised objections, and to pass appropriate orders strictly in accordance with Section 16 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, read with G.O.(Ms) No.16, Energy (C.3) Department, dated 23.02.2012. By virtue of the said Government Order and the amended provisions of the Electricity Act, necessary powers have been conferred on the Tamil Nadu Transmission Corporation Limited and Tamil Nadu Generation and Distribution Corporation Limited.
5. In the light of the above, there shall be a direction to the first respondent to consider the request of the petitioner and pass appropriate orders in terms of Section 29(5) of the Tamil Nadu Electricity Distribution Code, after affording an opportunity of hearing to the second respondent.
6. With the above direction, this Writ Petition is disposed of. No costs. 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4
C.SARAVANAN, J.
Indu To The Assistant Engineer (Operation & Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Chinnalapatti, Dindigul District.
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