Sathya Moorthy v. The District Collector
1 W.P.(MD)NO.24435 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24435 of 2023 AND W.M.P.(MD)No.20626 of 2023 Sathya Moorthy ... Petitioner Vs.
1. The District Collector, O/o.the District Collector, Madurai District.
2. The Executive Engineer, O/o.the Executive Engineer(TANGEDCO), East / Madurai.
3. The Assistant Executive Engineer, O/o.the Assistant Executive Engineer(TANGEDCO), South / Melur, Madurai.
4. The Assistant Electricity Engineer, O/o.the Assistant Electric Engineer(TANGEDCO), West / Melur Electric Division, Madurai.
5. Malaichamy
6. Agasam
7. Murugan, S/o.Manthiayan
8. Murugan, S/o.Sengutuvan
9. Thayammal
10. The Tahsildar, Melur, Madurai District.
(R-10 is suo motu impleaded vide order dated 25.07.2024) ... Respondents 1/3
2 W.P.(MD)NO.24435 OF 2023 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notices upipo/vaa/me/me/kokamu ka.en.068/23 dated 03.05.2023 and ka.en.
u.mi.po/ me/melu/va.aa/ko.pu.ma/a.en.82/2023 dated 25.05.2023 passed by the respondent No. 4 and quash the same as illegal and further direct the Respondent No. 1 to 4 to provide electricity connection immediately to the petitioner's house situated at D.No. 55, Kallampatti Village, Vadakku Theru, Melur Taluk, Madurai District.
For Petitioner : Mr.N.Sekar For R-1 & R-10 : Mr.K.Balasubramani, Special Government Pleader.
For R-2 to R-4 : Mr.S.Deenadhayalan, Standing counsel.
For R-5 to R-9 : Mr.H.Mahamad Hussain * * *
O R D E R
Heard both sides.
2. The writ petitioner wants service connection to be provided for the petition-mentioned premises. The petitioner's request was rejected by the fourth respondent by citing the objections of the private 2/3
3 W.P.(MD)NO.24435 OF 2023 respondents herein. Challenging the same, the present writ petition came to be filed.
3. The learned counsel appearing for the private respondents states that they have objections only for drawing electric lines over their patta lands.
4. The petitioner's counsel asserts that electric line can be drawn over the public pathway. There is some ambiguity in this regard. I therefore direct the Tahsildar, Melur Taluk to cause inspection of the site. The jurisdictional Village Administrative Officer will draw a sketch and plan and see if there is any public pathway leading to the petitioner's premises. If the report of the jurisdictional Village Administrative Officer confirms the statement made by the petitioner herein, then it is the duty of TANGEDCO, particularly, the fourth respondent herein to provide service connection to the petitioner herein. Before the Village Administrative Officer makes spot inspection, he will inform the petitioner as well as the private respondents in advance. The petitioner can very well be present and indicate the pathway. Likewise, the private respondents can also indicate the lie of the patta lands. This exercise 3/3
4 W.P.(MD)NO.24435 OF 2023 shall be completed by the Village Administrative Officer within a period of six weeks from the date of receipt of a copy of this order. If the report of the Village Administrative Officer is in favour of the petitioner, electricity service connection will be provided to the petitioner within a period of eight weeks, thereafter. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
25.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:
1. The District Collector, O/o.the District Collector, Madurai District.
2. The Tahsildar, Melur, Madurai District.
4/3
5 W.P.(MD)NO.24435 OF 2023 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.24435 of 2023 25.07.2024 5/3