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Madras High CourtWP(MD)/26046/2023disposed of

Alagammal.S v. The District Collector

2024-01-04Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26046 of 2023 S.Alagammal

...Petitioner

/Vs./ 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Chief Engineer, TANGEDCO, Chennai.

3.The Superintendent Engineer, Office of the Superintendent Engineer, TANGEDCO, Madurai District.

4.The Executive Engineer (East), Office of the Executive Engineer, TANGEDCO, Madurai District 5.The Assistant Executive Engineer (West), Office Assistant Executive Engineer, Tamil Nadu Power Generation and Distribution Corporation, Melur, Madurai District.

...Respondents

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Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to take immediate action for providing free electricity connection to petitioner's agricultural land in survey no.143/2A, situated at Ettimangalam Village, Madurai in Petitioner's application no.1150619391 dated 27.12.2004 by considering petitioner's representation dated 12.01.2023 in accordance with law within a time stipulated by this Court.

For Petitioner : Mr.J.Imran Khan For Respondents : Mr.S.Ra.Ramachandran Additional Government Pleader (R1) Mr.S.Deenadhayalan (R2 to R5) Standing Counsel

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to take immediate action for providing free electricity connection to the petitioner's agricultural land in survey no.143/2A, situated at Ettimangalam Village, Madurai in the petitioner's application no.1150619391 dated 27.12.2004, by considering petitioner's representation dated 12.01.2023 in accordance with law within the time stipulated by this Court. 2/6

2. The case of the petitioner is that he has has applied for free electricity service connection before the fourth respondent on 27.12.2004 for agricultural purpose. But, the respondents have not provided free electricity service connection. Even though similarly placed persons that of the petitioner have got free electricity service connection in the years 2010 and 2012 itself, the petitioner's request has not been considered till date. The petitioner and her husband have already sent somany representations/applications and the respondents have not come forward to consider the same. To know the status of the representations / applications, RTI application has also been filed by the petitioner before the fourth respondent, who in turn sent a reply on 24.11.2022 stating that after completion of cultivation process, it would be provided. Till date, the petitioner has not been provided with free electricity service connection. Hence, without any other alternative remedy, this writ petition has been filed.

3. The learned counsel appearing for the Electricity Board submitted that due to some administrative reasons, they are not in a position to give free electricity service connection, but the pole has already been erected in petitioner's place. He further submitted that the government announces a scheme every year approving free electricity service connections to a certain 3/6

number. Last year, 56 service connections have been given and for this year, the government scheme is yet to be announced, in which the petitioner will be given priority.

4. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader and the learned Standing Counsel.

5. It is seen that the petitioner, who is an agriculturalist, has been waiting for 20 years for getting free electricity service connection. This Court is of the view that this is an unlawful act of disparity among the agriculturalists. Hence, the respondents are directed to give priority to include the petitioner's name in the government scheme, which is to be announced for this year and to give free electricity service connection immediately to the petitioner, on or before 30.04.2023.

6. With the above directions, this writ petition is disposed of. No costs. 04.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Chief Engineer, TANGEDCO, Chennai.

3.The Superintendent Engineer, Office of the Superintendent Engineer, TANGEDCO, Madurai District.

4.The Executive Engineer (East), Office of the Executive Engineer, TANGEDCO, Madurai District 5.The Assistant Executive Engineer (West), Office Assistant Executive Engineer, Tamil Nadu Power Generation and Distribution Corporation, Melur, Madurai District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.26046 of 2023 Dated:

04.01.2024 6/6