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Madras High CourtWP(MD)/28128/2022disposed of

Sivakami v. The Executive Engineer

2023-04-25Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.28128 of 2022 Sivakami ... Petitioner Vs

1. The Executive Engineer, TANGEDCO, Karaikudi.

2. The Assistant Executive Engineer (AD), TANGEDCO, Karaikudi.

... 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 to provide the domestic electricity connection to the petitioner's house situated in Plot no. 62, Jayam Nagar, Kalanivasal, Karaikudi by considering the 'No Objection Letter' issued by the Local Body dated 21.11.2022. For Petitioner :Mr. J.Malai Raja For R1, R2 :Mr.S.Deenadhayalan Standing Counsel 1/5

ORDER

The writ petition had been filed in the nature of mandamus, seeking a direction against the respondents/Executive Engineer and Assistant Executive Engineer (AD), TANGEDCO, Karaikudi, to provide domestic electricity connection to the house of the petitioner at Plot No.62, Jayam Nagar, Kalanivasal, Karaikudi. In this connection, the local body had also issued 'No Objection Letter' on 21.11.2022. The petitioner also seeks that 'No Objection Letter' may also be considered by the respondents, while taking a decision.

2.In the affidavit filed in support of the writ petition, the petitioner stated that she and her son had purchased a plot with residential building in combined S.Nos.35/6, 36, 37, 38/5, 38/8, 41/1 at Kalanivasal Group, Karaikudi Taluk, measuring 2400 sq.ft in Doc.No.4904 of 2020, on the file of the II Joint Sub Registrar, Karaikudi on 28.08.2020. 3.Naturally, the petitioner expects that the electricity connection would be given to the house. Unfortunately, it had been stated by the respondents that 'No Objection Letter' should be obtained from the local body. 2/5

The learned counsel for the petitioners stated that an objection was raised that house was situated quite close to a spring, but, that spring is beyond 500 meters from the property. It is further stated that neighbouring houses were provided with domestic electricity connection. However, the respondents had directed the petitioner to apply 'No Objection Letter' from the local body. The learned counsel for the petitioner stated that now 'No Objection Letter' had also been issued by the local body.

4.In view of the above facts, a direction is issued to the second respondent to issue a notice to the petitioner, examine the documents of the petitioner, get necessary undertaking and also examine the 'No Objection Letter', dated 21.11.2022 and since other residents in the area were provided with electricity connection, proceed to provide domestic electricity connection to the petitioner also. The petitioner should comply with necessary rules and regulations and pay the necessary charges in this regard. The entire exercise should be completed on or before 10.05.2023. 3/5

5.With the above directions, this Writ Petition stands disposed. No costs.

25.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The Executive Engineer, TANGEDCO, Karaikudi.

2. The Assistant Executive Engineer (AD), TANGEDCO, Karaikudi.

4/5

C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.28128 of 2022 25.04.2023 5/5