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2013 DIGILAW 863 (MAD)

M. Chinnasamy v. Tamil Nadu Electricity Board Rep. By Its Chairman

2013-02-11

M.JAICHANDREN

body2013
Judgment :- 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondents to grant 5 HP electricity service connection to the petitioner's land, in S.F.No.835/1B, Chinnasalem North, Kallakurichi Taluk, Villupuram District, based on his application, dated 27.3.1992. 2. The petitioner has stated that he had sent a duly filled application form, for electricity service connection to the petitioner's land, in S.F.No.835/1B, Chinnasalem North, Kallakurichi Taluk, Villupuram District. The petitioner had sent the said application form, by registered post, to the second respondent, with acknowledgment due. The second respondent had received the said application form, on 30.3.1992. However, no electricity service connection was given to the petitioner's land, in spite of the fact that other similarly placed persons had been provided with electricity service connections. 3. Based on the submissions made by the learned counsel appearing for the petitioner and in view of the averments made in the affidavit filed in support of the writ petition, the second respondent had been directed to produce the relevant records relating to the receipt of the application forms requesting for electricity service connections for agricultural purposes. The register produced by the second respondent, relating to the relevant period, does not contain any entry showing the name of the petitioner. 4. The learned counsel appearing for the second respondent had submitted that no other records are available, with the office of the second respondent, to show that the application form, said to have been submitted by the petitioner, dated 27.3.1992, had been received by the office of the second respondent. However, the learned counsel appearing for the second respondent has not been in a position to deny the fact that an envelop, sent by the petitioner, had been received by the office of the second respondent, on 30.3.1992. 5. It had also been submitted that the office of the second respondent does not have any register acknowledging the receipt of the envelop, said to have been sent by the petitioner, containing the application form for electricity service connection, as the relevant records had already been destroyed. In such circumstances, this Court is compelled to draw adverse inference due to the non-production of the relevant records relating to the application form, said to have been sent by the petitioner, in respect of the land in question. In such circumstances, this Court is compelled to draw adverse inference due to the non-production of the relevant records relating to the application form, said to have been sent by the petitioner, in respect of the land in question. Further, a case has been made out by the petitioner, prima facie, in support of his claim that an application for electricity service connection had been sent to the second respondent, by registered post, with acknowledgment due, and that the said envelop had been received by the office of the second respondent, on 30.3.1992. 6. It is also noted that the other applicants, who had submitted their applications, subsequently, had been granted the electricity service connections for agriculture purposes. 7. In such circumstances, the second respondent is directed to grant 5 HP electricity service connection to the petitioner's land, situated in S.F.No.835/1B, Chinnasalem North, Kallakurichi Taluk, Villupuram District, on his fulfilling the other necessary requirements. The second respondent shall grant the electricity service connection, as directed by this Court, on priority basis, preferably, within a period of six months from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs.