Kandasamy v. The Superintending Engineer

1 W.P.(MD)NO.28700 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28700 of 2023 Kandasamy ... Petitioner Vs.

1. The Superintending Engineer, Thanjavur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, No.1, Vallam Road, Thanjavur District.

2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Melathottam, Orathanadu Taluk, Thanjavur District.

3. The Assistant Executive Engineer, O&M(Rural), Tamil Nadu Generation and Distribution Corporation, Orathanadu Taluk, Thanjavur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 25.11.2023 passed by the third respondent and quash the same and directing the respondents to provide free electricity service connection for the agricultural purpose in S.No.82/1 and 80/5 at Cholagankudikadu Village, Orathanadu Taluk, Thanjavur District.

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2 W.P.(MD)NO.28700 OF 2023 For Petitioner : Mr.G.Karnan For Respondents: Mr.S.Deenadhayalan, Standing counsel.

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O R D E R

Heard both sides.

2. The petitioner's brother Vairavan has submitted an application for obtaining free electricity service connection .It was in the year 2002. The turn for granting electricity service connection has now arrived. It appears that the petitioner's elder brother is not cooperating. The lands are ancestral properties. Apart from the petitioner and his brother, the other family members are also having share. In these circumstances, fear of the petitioner is that on account of the non-cooperation of his brother, the application itself may be struck off.

3. The petitioner is permitted to submit an application before the first respondent for substituting his name in the place of his brother. The first respondent shall intimate Vairavan, the original applicant. If Vairavan does not respond, 2/4

3 W.P.(MD)NO.28700 OF 2023 the petitioner's name shall be substituted in the place of Vairavan. If Vairavan cooperates, it is well and good. Even if electricity service connection is issued in the name of the petitioner, it shall be for the benefit of all the members of the joint family. The entire exercise will be completed within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. I make it clear that the direction is now given considering the special facts and circumstances of this case. No costs. 22.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The Superintending Engineer, Thanjavur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, No.1, Vallam Road, Thanjavur District.

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4 W.P.(MD)NO.28700 OF 2023 G.R.SWAMINATHAN,J.

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