Chinniah V v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.24329 of 2022 V.Chinniah .. Petitioner

Versus

1.The Superintending Engineer, TANGEDCO, Pudukottai Division, Near Old Bus Terminus, Pudukottai, Pudukottai District.

2.The Assistant Executive Engineer, TANGEDCO, Ponamaravathy, Pudukottai District.

3.The Assistant Engineer, TANGEDCO, Karaiyur Post, Ponamaravathy Taluk, Pudukottai District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to provide electricity connection to the petitioner's dwelling house in S.F.No.264/1, Keelathaniyam Revenue Village, Ponamaravathy Taluk, Pudukottai District, by considering his representation, dated 19.07.2022, within a time frame that may be stipulated by this Court.

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For Petitioner :

Mr.M.Mahaboob Athiff For Respondents :

Mr.S.Deenadhayalan Standing Counsel

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to provide electricity service connection to the petitioner's dwelling house in S.F.No.264/1, situated at Keelathaniyam Revenue Village, Ponamaravathy Taluk, Pudukottai District, by considering his representation, dated 19.07.2022, within a time frame. 2.

The case of the petitioner is that, he owns lands, measuring an extent of 1 Acre and 33 Cents in Keelathaniyam Revenue Village and he had put up a dwelling house/hut in the said land. In order to obtain an electricity service connection, he applied with the respondents along with requisite fees for the same. In furtherance thereof, the respondents have also installed electric poles to facilitate such grant of electricity service connection. However, for the reasons best known to them, they have not taken any steps for granting electricity supply/connection. Though the petitioner submitted an application on 03.08.2021 and had also paid the requisite fee, till date, the respondents have not granted electricity service connection. Hence, the petitioner sent a representation to the respondents on 19.07.2022. However, the same has not been considered so far. Therefore, the petitioner has 2/6

approached this Court by way of filing the present Writ Petition for the relief stated supra.

3.

When the matter was taken up for hearing on an earlier occasion, the learned Standing Counsel appearing for the respondents submitted that one Vellaisamy, S/o.Mayandi and Rasu Ambalam have objected for giving electricity service connection to the petitioner and throw stones on the workers when they dug for erection of pole and the President of Keelathanioyam Village had also informed that if the work is in progress, there is a possibility of law and order problem in the said Village. Therefore, the said work was stopped. On 23.02.2022 the petitioner himself had requested a week's time stating that after resolving the dispute, he will obtain the electricity service connection. Thereafter, the petitioner did not turn up and therefore, his application was rejected on 01.03.2022.

4.

The learned Standing Counsel appearing for the respondents further submitted that the petitioner wants only the electricity service connection to be given only from a particular pole as per the sketch. If he chooses the another line, they can give electricity service connection, provided, if there is no objection from the neighbouring land owners. 3/6

5.

Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the respondents, on instructions, submitted that if the petitioner applies afresh, his request for electricity service connection would be considered.

6.

Considering the aforesaid submissions made by the learned counsel on either side, it is seen that the petitioner had already filed an application for electricity service connection and accordingly, the work was commenced and thereafter, it was stopped due to some kind of objection. The respondents have every right to provide electricity service connection from the pole, which is just nearer to the petitioner's house and the petitioner need not get permission from the neighbouring land owners. Therefore, the respondents are directed to consider the application of the petitioner, dated 03.08.2021, and provide electricity service connection within a period of three weeks from the date of receipt of a copy of this order.

7.

This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 08.11.2022 smn2 4/6

To 1.The Superintending Engineer, TANGEDCO, Pudukottai Division, Near Old Bus Terminus, Pudukottai, Pudukottai District.

2.The Assistant Executive Engineer, TANGEDCO, Ponamaravathy, Pudukottai District.

3.The Assistant Engineer, TANGEDCO, Karaiyur Post, Ponamaravathy Taluk, Pudukottai District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.24329 of 2022 08.11.2022 6/6