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2014 DIGILAW 3367 (MAD)

Vellammal v. District Collector Madurai

2014-09-16

T.S.SIVAGNANAM

body2014
Judgment : 1. The petitioner seeks for issuance of writ of mandamus directing the third respondent to give electricity connection for his property at Survey No.63/13 at Valayankulam Village, Thirumangalam Taluk, Madurai City, by taking into consideration his application dated 26.09.2013. 2. The petitioner would state that orally, she was informed by the third respondent to get a certificate from the Horticultural Department. Accordingly, the Horticultural Department also issued a certificate stating that the petitioner cultivated Jasmine flowers in her land and in spite of producing such certificate, the third respondent has not given electricity connection. 3. The learned counsel for the third respondent, on instructions, submitted that the competent authority to consider the representation is the second respondent. Hence, the petitioner has to make a representation before the second respondent. That apart, one Mayakrishnan, S/o.Perumal Thevar filed an objection stating that the well in question is their property and in this regard, a civil case is also pending. 4. The learned counsel for the petitioner submitted that there is no suit pending and the petitioner is in possession of all revenue records, more particularly, patta No. 63/13 and he further submitted the petitioner is entitled for electricity service to draw water from the well. 5. Since there is a dispute pending between the petitioner and one Mayakrishnan, the second respondent is directed to issue a notice of enquiry to the petitioner and said Mayakrishnan. After hearing the parties and perusing the records, produced by both the parties, the second respondent shall take a decision on merits and as per law, within a period of two months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. No costs.