S. Selvakumar v. The Superintendent Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR S. Selvakumar ... Petitioner Vs

1. The Superintendent Engineer, Tangedco Limited, Vallan Kumaranvilai Electricity Distribution Circle, Nagercoil, Kanyakumari District..

2. The Designated Engineer, Ae/o and M/vallan Kumaranvilai, Tangedco Limited, Vallan Kumaranvilai Electricity Distribution Circle, Nagercoil, Kanyakumari District..

3. The Junior Engineer, Tangedco Limited, Vallan Kumaranvilai Electricity Distribution Circle, Nagercoil, Kanyakumari District..

... Respondents 1/5

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records and quash the online impugned order passed by the respondents in impugned online Application No.2000712308241600 dated 23.09.2024 as illegal and arbitrary in consequential direct the respondents to provide new electricity service connection (III A 1 new electricity service connection) to the petitioners land in Survey No. L/6/14/24 of Vadiveeswaram Village, Agastheeswaram Taluk, Nagercoil, Kanyakumari District.

For Petitioner : Mr.R. Rajamohan For Respondents : Mr.S.Deenadayalan

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. Challenging the rejection order of the respondents dated 23.09.2024, the petitioner is before this Court with this writ petition.

3. The petitioner has applied for electricity service connection for the cottage industries. According to him, it is only for agricultural purposes, he has sought Electricity service connection. However, the 2/5

impugned order has been passed rejecting the application without assigning any reason thereof.

4. According to the petitioner, TNERC Tariff order 2024 -2025 clause (3.2.11.8) is applicable only to Sericulture, Horticulture and Floriculture and this has not been considered. The impugned order has been passed without any reasons.

5. I have considered the rival submissions and perused the materials available on record.

6. A perusal of the impugned order, the application has been cancelled without assigning any reason. Any orders passed without assigning any reason cannot be sustained in the eye of law. That apart, no electricity service connection has been granted. The petitioner is seeking electricity service connection for agricultural purposes and not for any other purposes, and hence, it has to be seen in the context of the tariff order and reasonable order has to be passed in this regard. Since the impugned order has been passed without assigning any reason, the 3/5

impugned order stands quashed.

7. Accordingly, the writ petition is allowed. The respondents are directed to consider the application of the petitioner on its own merits in the light of the tariff orders 2024-25 and pass orders within a period of one month from the date of receipt of a copy of this order. No costs. 24.10.2024 RR 4/5

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.24669 of 2024 Date : 24/10/2024 5/5