Madapathipathi Sudanandayohini Madhaji v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Madapathipathi Sundanandayohini Madhaji ... Petitioner Vs.

1.The Assistant Engineer, Distribution, Tamil Nadu Generation and Distribution Corporation, Pudur, Vilathikulam Taluk, Thoothukudi District.

2.The Inspector of Police, Pudur Police Station, Vilathikulam Taluk, Thoothukudi District.

3.Alagirisamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certitorarified Mandamus, calling for the records relating to the impugned communication in No.u.mi.po/vi/pudur/ko.kattu/A.No.670/2024-25 dated 08.11.2024, passed by the first respondent and quash the same and consequently direct the first respondent to provide electricity service connection to the petitioner's premises.

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For Petitioner : Mr.S.Pon Senthil Kumaran For 1st Respondent : Mr.S.Deenadhayalan Standing Counsel For 2nd Respondent : Mr.K.Gnanasekaran Government Advocate (Crl.)

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited scope of relief sought for, notice to the 3rd respondent is dispensed with. 2.Challenging the order of rejection to provide electricity connection dated 08.11.2024, this Writ Petition is filed. 3.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the 1st respondent, the learned Government Advocate appearing for the 2nd respondent and carefully perused the entire materials available on record. 4.The petitioner applied for electricity connection for two newly constructed house and one shop bearing Door Nos.44/1, 44/3 and 44/6. The first respondent had inspected the premises and had commenced necessary work for providing electricity connection. Under such circumstances, it is understood that the third respondent had made his objection to the first respondent, in providing electricity to the petitioner. 2/5

Hence, the petitioner's application came to be rejected by the first respondent. Challenging the same, this Writ Petition is filed. 5.The learned counsel appearing for the petitioner submitted that the objection which has been raised by the third respondent, is without any basis and if electricity connection is given by the petitioner's houses, the third respondent will not be affected in any way. The photographs produced would reveal that there is a common road before the shops and houses to which, electricity connection is sought for. The third respondent is just a neighbor and he has nothing to do with the electricity connection.

6.In view of the same, the impugned order passed by the first respondent dated 08.11.2024, is quashed. The first respondent is directed to electricity connection within a period of three weeks from the date of receipt of copy of this order. In case of serious disturbance by the third respondent, the second respondent shall provide with protection either at the instance of the first respondent or the petitioner. 3/5

7.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

29.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Assistant Engineer, Distribution, Tamil Nadu Generation and Distribution Corporation, Pudur, Vilathikulam Taluk, Thoothukudi District.

2.The Inspector of Police, Pudur Police Station, Vilathikulam Taluk, Thoothukudi District.

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L.VICTORIA GOWRI, J.

Mrn 29.11.2024 5/5