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2021 DIGILAW 724 (MAD)

P. Sathasivam v. Assistant Engineer

2021-03-02

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY

body2021
ORDER : SENTHILKUMAR RAMAMOORTHY, J. Prayer: Application under Order XLVII, Rule 1, read with Section 114 of Civil Procedure Code, to review the order dated 14.07.2020 made in W.A.No.529 of 2020. The review applicant is the writ petitioner. He had applied for an electricity service connection for a well in S.No.64/12. The Electricity Department stated in response that the electric line would run through private lands and that the owners thereof have raised objections thereto and, in fact have filed a civil suit. Therefore, the Electricity Department directed the review applicant to provide the FMB Sketch and other relevant documents so as to enable the line to be laid without passing through private lands. This order was challenged by way of a writ petition. The Writ Court disposed of the writ petition by directing the review applicant to provide the FMB sketch, partition deed and VAO certificate to the Electricity Department to enable the consideration of the application. The said order was carried in appeal. The appellate Court modified the order to the limited extent of directing the review applicant to approach the Tahsildar for purposes of carrying out field measurement and thereafter proceed with the application for grant of electricity connection. 2. It appears that the review applicant acted on the basis of the appellate order and requested the Tahsildar to carry out the field measurement. Such field measurement was carried out and by communication dated 20.10.2020, the Tahsildar concluded that the electric line would have to pass through private lands to provide a service connection to the review applicant. 3. The review applicant is attempting to resurrect the appeal in the aforesaid facts and circumstances after having acted in terms of the appellate order. Learned counsel asserts that the question of law as regards the right of persons claiming rights over private lands to object to the laying of electric lines over their lands was not considered in appeal. A review of the order is not permissible on such ground especially after availing of the benefit of the appellate order. 4. Upon perusal of the order under review, we find that all relevant aspects have been considered and there is no error apparent on the face of the record or any other sufficient reason to review the said order. Accordingly, Review Application No.25 of 2021 is dismissed.