G. Manoharan v. Assistant Engineer, Operating & Maintenance Tamil Nadu Electricity Board
2014-10-20
M.VENUGOPAL
body2014
DigiLaw.ai
JUDGMENT M. VENUGOPAL, J. 1. According to the Learned Counsel for the Petitioner, the Petitioner has projected the present Writ Petition praying for passing of an order by this Court in directing the Respondent/Assistant Engineer, Operating and Maintenance, Tamil Nadu Electricity Board, Semangkudi, Thanjavur District, to grant Electricity Service Connection in Petitioner's premises in Survey No. 22/14. 2. It is the case of the Petitioner that he purchased the vacant land through a Sale Deed in Document No. 685 of 2014, dated 12.06.2014 in Survey No. 14, Punja Land, Mela Mathur, 72 Mathur Village Mathur Panchayat, Kumbakonam Taluk, Thanjavur District. The said document was purchased by means of a Sale Deed and the Punja land is measuring an extent of 645 Sq.ft. and he is proposed to construct a house. It is also the stand of the Petitioner that Patta No. 653 of 2014 was allotted to him and he paid the Property Tax on 05.07.2014 to the Authority concerned. 3. The grievance of the Petitioner is that he applied for Electricity Service connection to his premises on 10.07.2014 and the Respondent refused to give Electricity Service connection to him because of some reasons. Also on 30.07.2014, the Respondent had refused to give Electricity Service connection and the Petitioner was directed to produce the individual Patta. The Petitioner submitted only a Joint Patta and the and his name is mentioned in Serial No. 62 in the Joint Patta and in reality, the Tahsildar, had issued only a Joint patta. 4. Per contra, the Learned Standing Counsel appearing for the Respondent submits that the Respondent in a communication dated 30.07.2014, addressed to the Petitioner had categorically stated that one K. Balasubramanian S/o Kasinatha Pillai, No. 3/35, Pillaiyar Kovil Street, Mela Mathur, has raised an objection by stating that a case is pending and as such, a proper legal approval was to be obtained and if the same was given in the Office of the Electricity Board, then the Petitioner's Application would be considered. Also it was mentioned that the Patta No. 653 was a Joint Patta and therefore, they asked for obtaining a separate patta. Moreover, the Learned Counsel for the Respondent sought for further time from this Court in order to obtain necessary/proper instruction in the matter in issue. 5.
Also it was mentioned that the Patta No. 653 was a Joint Patta and therefore, they asked for obtaining a separate patta. Moreover, the Learned Counsel for the Respondent sought for further time from this Court in order to obtain necessary/proper instruction in the matter in issue. 5. Countering the submission of the Learned Standing Counsel for the Respondent, the Learned Counsel for the Petitioner submits that as on date, there is no case pending against the Petitioner and also that no case was initiated against the Petitioner by any person. The Learned Counsel proceeds to state that if at latter point of time it is brought to the notice of this Court that any case is pending against the Petitioner, then it is open to the Respondent to disconnect the Electricity Service connection and for the present there is no impediment for the Respondent/TNEB to grant Electricity Service connection to the Petitioner, by exceeding his legitimate and reasonable requests. 6. This Court has heard the Learned Counsel appearing for both sides. 7. In view of the fact that the Petitioner is only sought for Electricity Service connection to his premises in Survey No. 22/14, Punja Land, Mela Mathur, 72 Mathur Village Mathur Panchayat, Kumbakonam Taluk, Thanjavur District, this Court, in the interest of justice and as an equitable relief, directs the Respondents to give Electricity Service Connection to the Petitioner's premises in question by considering his application in a Fair, and dispassionate manner, by taking into consideration of the Joint Patta issued to him by the Tahisldar in question and to proceed further in the manner know to Law and in accordance with Law, within a period of 10 days from the date of receipt of a copy of this Court. 8. In case, if a specific instance is brought to the notice of the Respondent that really a Suit or Proceedings are pending before the competent Court and if the Petitioner is arrayed as one of the parties, then in that event, it is open to the Respondent to disconnect the Electricity Service Connection pending disposal of the said Suit, of course, by issuing necessary Notice to the Petitioner by adhering to the principles of natural justice and to proceed further in the manner known to law and in accordance with law. 9.
9. The Petitioner is directed to pay all necessary fee/all connected charges to the TNEB for obtaining Electricity Service Connection and if any Indemnify Bond or affidavit is required by the Respondent that may also be taken from the Petitioner in accordance with law that are in force. 10. With the aforesaid directions, the Writ Petition stands disposed of. No costs.