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2014 DIGILAW 2156 (MAD)

V. Mariappan v. Assistant Engineer (Distribution)

2014-07-17

T.S.SIVAGNANAM

body2014
Judgment : 1. The petitioner seeks to quash the impugned proceedings dated 07.07.2014, by which the petitioner was informed that the electricity service connection cannot be given to his Fireworks Company on the ground that two persons have raised an objections regarding the erection of electricity poles. 2. By consent of both parties, the main writ petition itself is taken up for final disposal at the stage of admission. 3. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent. 4. It is seen that prior to passing the impugned proceedings, no notice was issued to the petitioner. Admittedly, the petitioner's application was received by the respondent Board and all the charges for providing the electricity service connection have been collected from the petitioner. Therefore, while implementing the work, if there is any objection, then the petitioner should be informed the objection, viz., name of the objector and nature of objection raised. However, without resorting to such procedure, the respondent is not justified in passing the impugned proceedings stating that unless the petitioner solves the issue, the electricity supply cannot be granted. Therefore, the impugned proceedings of the respondent is passed without any application of mind. Hence, the writ petition is allowed and the impugned proceedings is set aside and the matter is remitted back to the respondent. The respondent shall issue notice to the petitioner as well as the objectors and direct them to appear before the respondent for an enquiry. In that enquiry, the respondent shall consider the nature of objection as to whether they are justifiable and whether the objections could be taken into consideration under the provisions of the Electricity Act, and Supply Code and thereafter, pass an order on merits and in accordance with law so as to enable the petitioner to proceed further. The respondent is directed to complete the said exercise within a period of three weeks from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous petitions are closed. No costs.