S.P.Karuppaiah v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.19222 of 2024 S.P.Karuppaiah ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Assistant Engineer, TANGEDCO, Town North, Karaikudi, Sivagangai District.
3.The President, Shankarapuram Panchayat, Karaikudi, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling upon records relating to the impugned order dated 09.09.2024 passed by the 2nd respondent on the application made by the petitioner in Application reference No. 2000540109241518 and quash the same and consequently, direct the 2nd respondent to grant the petitioner with an electricity service connection by considering her online application dated 09.09.2024 in Application reference No. 2000540109241518 within a stipulated time fixed by this Court. 1/5
For Petitioner : Mr.R.Velmurugan For R1 : Mr.D.Gandhiraj Special Government Pleader For R2 : Mr.S.Deenadhayalan Standing Counsel
ORDER
This Writ Petition has been filed challenging the order rejecting the application of the petitioner seeking electricity service connection to the petitioner's property and to direct the second respondent to grant electricity service connection to the petitioner.
2.Heard Mr.R.Velmurugan, the learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the first respondent, Mr.S.Deenadhayalan, learned Standing Counsel for the second respondent and perused the materials available on record. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4.The petitioner is in possession and enjoyment of the subject property from the date of purchase of the said property vide registered sale deed dated 29.10.2020. The petitioner submitted an application seeking temporary electricity service connection for the purpose of putting up a construction in the 2/5
said property and paid necessary fee for the same. However, the second respondent without conducting any enquiry and without any valid reasons, rejected the application submitted by the petitioner. Challenging the same, the petitioner has filed this writ petition.
5.The impugned order of rejection has been passed stating that the petitioner's land is located within 500 meters from Sambai Ootru, which has been used for providing water to many other people in the locality. 6.The issue on hand has already been dealt with by this Court in W.P. (MD)No.4129 of 2022 [S.Nitheshraj vs. The District Collector and others]. 7.Following the same, this writ petition is allowed and the order impugned in this writ petition dated 09.09.2024 is set aside. The second respondent is directed to provide electricity service connection to the subject property subject to the fulfilment of other usual formalities as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2024 NCC:yes/no Index:yes/no ta 3/5
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Assistant Engineer, TANGEDCO, Town North, Karaikudi, Sivagangai District.
3.The President, Shankarapuram Panchayat, Karaikudi, Sivagangai District.
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N.SATHISH KUMAR, J.
ta 24.09.2024 5/5