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Madras High CourtWP(MD)/27351/2022disposed of

Murugesan. K v. The Superintending Engineer

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27351 of 2022 K.Murugesan ..Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Electricity Board, Theni.

2.The Executive Engineer, Tamil Nadu Electricity Board, Chinnamanur, Theni District.

3.The Assistant Executive Engineer(Distribution), Tamil Nadu Electricity Board, Kombai, Theni District.

4.P.M.Dharmar ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 not to provide electricity connection through the Petitioner's agricultural land situated in Pannaipuram Village, Uthamapalayam Taluk, Theni District based on the Petitioner's representation, dated 8.7.2022. For Petitioner :Mr.VM.Jegadeeshapandian For Respondents :Mr.S.Deenadhayalan 1 to 3 Standing Counsel

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 to 3 not to provide electricity connection through the Petitioner's agricultural land situated in Pannaipuram Village, Uthamapalayam Taluk, Theni District based on the Petitioner's representation, dated 8.7.2022.

2.Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the property in S.Nos.1273, 1273/3 and 1274 situated at the prayer mentioned address, measuring an extent of 1 acre and 13 cents, 90 cents and 61 cents respectively owned by the Petitioner through a partition deed.The Petitioner was in possession of the said property by cultivating coconut trees and eking out his livelihood from the income derived from the said lands. The fourth respondent has purchased the norther side property comprised in S.No. 1272/1 and sought for electricity connection to his land under the agricultural scheme.The Electricity Board authorities tried to draw electrcity line to the fourth respondent land through the Petitioner's land, for which, the Petitioner made objection. Inspite of the same, the fourth respondent, using his influence, got the single phase electricity

connection through the Petitioner's land.The Petitioner made several representations to the authorities in this regard and lastly on 8.7.2022, the Petitioner made representations to the respondents 1 to 3 not to provide electricity connection to the fourth respondent through the Petitioner's land. Since no action has been taken till date,the Petitioner has filed this Writ Petition for the relief stated supra. 4.The learned Standing Counsel appearing for the respondents 1 to 3 would submit that the Petitioner's representation will be considered and appropriate orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the Petitioner, dated 08.07.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

02.12.2022

Index : Yes/No Internet:Yes/No vsn To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Theni.

2.The Executive Engineer, Tamil Nadu Electricity Board, Chinnamanur, Theni District.

3.The Assistant Executive Engineer(Distribution), Tamil Nadu Electricity Board, Kombai, Theni District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27357 of 2022 02.12.2022