Panchanathan.C v. The Superintendent Of Engineer

1 W.P.(MD)NO.23374 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.23374 of 2022 AND W.M.P.(MD)No.17446 of 2022 C.Panchanathan ... Petitioner Vs.

1. The Superintendent of Engineer, Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO), Pudukottai, Pudukottai District.

2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO), Operation and Maintenance, Alangudi, Pudukottai District.

3. Kalaiselvi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding of 2nd respondent in Ku.Aa.

No.Se.Po.Pa/AAla/Tho.Nu.Oo/Kho.V.Va/A.No.126/22-23 dated 21.07.2022 and quash the same consequentially direct the respondents to issue the order of electricity service 1/4

2 W.P.(MD)NO.23374 OF 2022 connection as per petitioner's application No.152 dated 22.01.2009 in Survey No.196/4A.

For Petitioner : Mr.V.Selvakumar For R-1 & R-2 : Mr.S.Deenadhayalan, Standing Counsel.

For R-3 : Mr.M.Prabakaran * * *

O R D E R

Heard both sides.

2. The petitioner originally owned the land in survey No.196/9 in Thirumanancheri Village. He sold the land in favour of one Sumathi in the year 2015. The said Sumathi in turn sold the property in favour of the third respondent in the year 2022. Luck smiled on the third respondent. An application for free agricultural connection had been given by the petitioner way back in the year 2009. The TANGEDCO informed the third respondent that his turn had come. The petitioner now wants the authority to consider the application in his favour in respect of another land owned by him. The 2/4

3 W.P.(MD)NO.23374 OF 2022 petitioner's request was rejected by the second respondent. The same is put to challenge in this writ petition.

3. It is well settled that an application for free agricultural service connection will run with the land. The petitioner is the third respondent's vendor's vendor. The petitioner can only curse his fate. When his application was taken up for consideration, he was no longer the owner of the land. The third respondent was owning the land. The order impugned is in consonance with the settled guidelines. No interference is warranted. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

03.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.23374 OF 2022 G.R.SWAMINATHAN,J.

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