R.Murugesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) R.Murugesan ... Petitioner Vs
1) The District Collector, Collectorate, Thanjavur.
2) The District Backward Class & Most Backward Class Officer, Collectorate, Thanjavur.
3) The Executive Engineer (Distribution/Rural). Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District - 613 001
4) The Assistant Executive Engineer (Distribution/Rural), Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District 613 001
5) The Assistant Engineer (Distribution/Rural), Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District 613 001 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider applications received in both Registration No.05/2008-09, dated 08.04.2008 and subsequent acknowledgment No.015/2017-18, dated 11.04.2017 and provide the free electricity service connection for agricultural purpose to the Bore/Tube well available in the Survey No.41A/6F, Sendangadu 1st Bit, Pattukkottai Taluk, Thanjavur District within the stipulated time as determined by this Court. 1/3
For Petitioner : Mr.S.Senthamil Selvan For RR 1 & 2 : Mr.C.Ramar, Additional Government Pleader For RR 3 -5 : Ms.M.Rajeswari, For Mr.S.M.S.Johnny Basha, Standing counsel
O R D E R
Mr.C.Ramar, learned Additional Government Pleader accepts notice for the respondents 1 and 2 and Ms.M.Rajeswari, learned counsel appearing on behalf of Mr.S.M.S.Johnny Basha, learned standing counsel accepts notice for the respondent Electricity Board. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.
2. This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's application dated 08.04.2008 seeking for free electricity service connection for his agricultural lands at Survey No.41A/6F, Sendangadu 1st Bit, Pattukkottai Taluk, Thanjavur District within the time frame to be fixed by this Court.
3. It is the case of the petitioner that his mother applied for free electricity service connection for the aforementioned lands under Registration No.05/2008-09 on 08.04.2008. Thereafter, due to the mother's old age, the petitioner has applied on 11.04.2017. It is his case that till date, the said application has not been considered by the Electricity Board. In such circumstances, this writ petition has been filed.
4. The relief sought for by the petitioner is an innocuous relief. He seeks for free electricity service connection in his agricultural lands at Survey No.41A/6F, Sendangadu 1st Bit, Pattukkottai Taluk, Thanjavur District. His mother had originally applied for free service connection on 08.04.2008 and thereafter, the petitioner has applied for the same on 11.04.2017. Admittedly, till date, the said applications have not been considered by the respondent Electricity Board. No prejudice would be caused to the respondent Electricity Board, if the said applications are considered by the respondents on merits and in accordance with law.
5. For the foregoing reasons, this Court directs the third respondent to consider the applications dated 08.04.2008 and 11.04.2017 seeking for free electricity service connection in the name of the petitioner for agricultural lands situated at Survey No.41A/6F, Sendangadu 1st Bit, Pattukkottai Taluk, Thanjavur District after hearing all the necessary parties, including the petitioner, 2/3
and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6. With the aforesaid directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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:
1) The District Collector, Collectorate, Thanjavur.
2) The District Backward Class & Most Backward Class Officer, Collectorate, Thanjavur.
3) The Executive Engineer (Distribution/Rural). Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District - 613 001
4) The Assistant Executive Engineer (Distribution/Rural), Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District 613 001
5) The Assistant Engineer (Distribution/Rural), Tamil Nadu Electricity Generation & Distribution Co., Pattukottai, Thanjavur District 613 001 +1 CC to Mr.K.K.SAMY, Advocate ( SR-21561[F] dated 09/11/2020 ) +1 CC to SPL GP ( SR-21572[F] dated 09/11/2020 ) Order made in 06.11.2020 VB (24.11.2020) 3P 8C 3/3