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Madras High CourtWP(MD)/23428/2018disposed of

P.Saravanan v. The District Collector

2024-07-26Honourable The Acting Chief Justice,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM:

THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.23428 of 2018 P.Saravanan ... Petitioner -Vs1.The District Collector, Theni District, Theni.

2.The Executive Officer, Veerapandi Town Panchayat, Theni District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palanichettypatti, Theni Taluk, Theni District.

4.Rajendran 5.Rajinirajan 6.Sethu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take necessary

action against illegal usage of the free agricultural unmetered electric service in SC.No.22 by the respondents 4 to 6 respectively to take water from the Well situated in house site plot in S.F.No.181/2 of Veerapandi Village, Theni District using 10 HP Motor to their fields situated at some 2 to 3 kms., distance, unauthorizedly without any permission from the authorities concerned and causing damage to the water table level of the area, considering the petitioner's representation dated 16.10.2018.

For Petitioner : No Appearance For R1 & R2 : Mr.P.Thilakkumar, Government Pleader For R3 : Mr.S.Deenadhayalan, Standing Counsel For R4 to R6 : Mr.S.Sivathilakar

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] According to the petitioner, the respondents 4 to 6, without obtaining any permission from the authorities concerned, by misusing free agricultural unmetered electric service in SC.No.22, are taking water from the Well situated in house site plot in S.F.No.181/2 of Veerapandi Village, Theni District using 10 HP Motor to their fields. Therefore, pointing out the same, he made a representation dated 16.10.2018 to the respondents 2 and 3. However, no action has been taken so far by the respondents 2 and 3. Therefore, he has filed this Writ Petition.

2.It is seen from the records that the petitioner has filed this Writ Petition only for personal animosity not for public interest. Today, when the matter is taken up for hearing, there is no representation for the petitioner. However, considering the pendency of this Writ Petition from the year 2018, we are of the view that the representation of the petitioner dated 16.10.2018 is directed to be considered by the authorities concerned. Therefore, the 3rd respondent is directed to consider the representation of the petitioner dated 16.10.2018 and take appropriate action, if there is any violation of the terms and conditions prescribed by TANGEDCO, after providing opportunity to all the parties concerned. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., A.C.J.] & [R.V., J.] 26.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, A.C.J.

AND R.VIJAYAKUMAR , J.

Yuva To 1.The District Collector, Theni District, Theni.

2.The Executive Officer, Veerapandi Town Panchayat, Theni District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palanichettypatti, Theni Taluk, Theni District.

W.P.(MD)No.23428 of 2018 26.07.2024