Madras High CourtWP(MD)/21896/2021disposed of

Kannan.N v. Assistant Engineer - North

2021-12-09Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.21896 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.21896 of 2021 N.Kannan ... Petitioner vs.

1.The Assistant Engineer-North, TANGEDCO, Office of the Assistant Engineer, Distribution-North, Arasaradi, Madurai-16.

2.R.Papathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent from approving/sanctioning new electricity connection to the property comprised in UDR Re-Survey No.144/2, Villangudi I Bit Village, Madurai North Taluk, Madurai in the name of the second respondent on the basis of the petitioner's representation dated 28.11.2021.

For Petitioner : Mr.G.Rajasekaran For R1 : Mrs.M.Rajeswari for Mr.SMS.Johnny Basha Standing Counsel

O R D E R

The writ petition has been filed in the nature of Writ of Mandamus, forbearing the first respondent from approving or sanctioning new electricity service connection to the property comprised in UDR Re-Survey No.144/2, Villangudi I Bit Village, Madurai North Taluk, Madurai, in the name of the second respondent. The petitioner had given a representation on 28.11.2021.

2.It is represented by the learned counsel, Mrs.M.Rajeswari, who takes notice on behalf of the first respondent that as on date, the second respondent had not given any application seeking electricity service connection. In view of that particular fact, the entire writ petition has been filed with the misconception that the second respondent has actually given an application before the first respondent with an intention to give electricity service connection. Both the apprehensions are not made out. They are only imaginary as on date.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21896 of 2021 3.Therefore, let me not enter into a discussion on the facts raised, but rather place an obligation on the first respondent to, whenever the second respondent if at all makes an application, issue also notice and hear the petitioner herein and then take a decision with respect to grant or otherwise of electricity service connection to the aforesaid property.

4.Observing as above, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 The Assistant Engineer-North, TANGEDCO, Office of the Assistant Engineer, Distribution-North, Arasaradi, Madurai-16.

+1 CC to M/s.M.PONNAIAH, Advocate ( SR-38461[F] dated 13/12/2021 ) W.P.(MD) No.21896 of 2021 09.12.2021 MSK(CO) SB(22.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2