S. Abdul Nazar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.20193 of 2024 S.Abdul Nazar

...Petitioner

-vs1.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 is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus, calling upon records relating to the impugned order dated 21.09.2024 passed by the 2nd respondent on the application made by the petitioner in Application reference No.2000540109241602 and quash the same and 1/5

consequently direct the 2nd respondents to grant the petitioner with an electricity service connection by considering her online application dated 20.09.2024 in Application reference No.2000540109241602 within a stipulated time fixed by this Court.

For Petitioner : Mr.M.Prabhakaran For R1 : Mr.A.Kannan Additional Government Pleader For R2 : Mr.S.Deenadhayalan Standing Counsel For R3 : Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed challenging the order cancelling the application of the petitioner seeking electricity service connection to the petitioner's property 2.Heard Mr.M.Prabhakaran, the learned counsel appearing for the petitioner, Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the first respondent, Mr.S.Deenadhayalan, learned Standing Counsel, who takes notice for the second respondent and Ms.D.Farjana Ghoushia, learned Special Government Pleader for the third respondent.

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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 24.12.2024. The petitioner submitted an application seeking electricity service connection for the construction put up in the said property and paid necessary fee for the same. However, the same was rejected stating that the service connection is sought nearer to the Sambai Ootru. Challenging the same, the petitioner has filed this writ petition.

5.The contention of the petitioner is that the application of the petitioner was summarily rejected without even conducting any enquiry citing the proximity of sambai ootru.

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 3/5

others].

7.Following the same, this writ petition is allowed and the order passed by the second respondent dated 21.09.2024 is set aside. The second respondent is directed to provide electricity service connection to the subject property subject to the fulfilment of the other usual formalities as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

04.10.2024 Index : Yes / No Internet : Yes / No ta 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.

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