R. Murugan v. Assistant Executive Engineer, Distribution/Urban, TANGEDCO, Palayamkottai, Tirunelveli
2015-02-09
B.RAJENDRAN
body2015
DigiLaw.ai
Order 1. The petitioners have sought for a Writ of Mandamus directing the 1st respondent to give electricity supply to their houses, without insisting NOC to be obtained from the 2nd respondent. 2. The learned counsel for the petitioners submits that in an identical matter, in W.P.(MD).Nos.17667 to 17671 of 2014, dated 03.11.2014, this Court has passed the following order. In paragraph No.21 of the order, this Court has held as follows: Be that as it may, in view of the fact that the petitioners are only seeking a relief from the hands of this Court in passing of an order by directing the first Respondent to provide electricity supply to the Petitioners' houses at Thimmarajapuram, Tirunelveli District without insisting No Objection Certificate to be obtained from the second Respondent, this Court, taking note of an individual's right to lead a life with dignity in the interest of fair play, good consciences and even as a matter of prudence, directs the Petitioners to enclose a copy of the application dated 13.09.2014 together with all requisite enclosures like, family card, nativity certificate, Documents [copy of Sale Deed as proof of his purchase etc.] and various Court Orders, which they rely upon in their favour seeking supply of Electricity, within a period of two weeks from the date of receipt of copy of this order. Further, on receipt of such application being made, the first Respondent is directed to consider the Petitioners' application dated 13.09.2014 seeking supply of electricity to their residential houses, in a Just, Fair, Objective and Dispassionate manner and to pass a reasoned speaking order on merits [by specifying the outline of process of reasoning with quantitative and qualitative details] in the light of the ingredients of the Electricity Act, 2003, Tamil Nadu Electricity Supply Code, 2004 and also bearing in mind the tenor and spirit of the decisions cited supra by this Court, within a period of eight weeks thereafter. 3. According to the petitioners, they are similarly placed persons in respect of the dispute in question. The grievance of the petitioners is that even though they are in possession and enjoyment of the properties by constructing houses for a long time, till date, they are not given electricity connection. When they approached the first respondent for getting electricity service connection, the first respondent insisted for No Objection Certificate to be obtained from the second respondent.
The grievance of the petitioners is that even though they are in possession and enjoyment of the properties by constructing houses for a long time, till date, they are not given electricity connection. When they approached the first respondent for getting electricity service connection, the first respondent insisted for No Objection Certificate to be obtained from the second respondent. Since the second respondent temple refused to issue No Objection Certificate, they have come forward with these writ petitions. 4. Heard the learned Standing Counsel appearing for the Electricity Board in this regard. 5. By consent of both sides, the writ petitions itself are taken up for final disposal. 6. In view of the submission made by the petitioners that they are similarly and identically placed persons of those who have obtained orders in W.P.(MD)No.17667 of 2014 and batch, dated 03.11.2014, and following the same, the authorities concerned shall consider the representation of the petitioners. It is made clear that the petitioners, if need be, shall seek for ratification or permission from the temple. It is also made clear that the authorities shall pass orders in tune with the directions given in the earlier order dated 03.11.2014, after giving notice to all the parties concerned. 7. The Writ Petitions are ordered accordingly. No costs. Consequently connected miscellaneous petitions are closed.