K. Subramaniyan v. Executive Engineer, Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Limited, Perambalur
2022-06-13
ABDUL QUDDHOSE
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to give 3 HP free electricity power supply to Well situated at Survey No.203/9B, Agricultural land an extent of Hectare are 57.50, Nattarmangalam Village, Alathur Taluk, Perambalur District, Patta No.229 in pursuant to the 1st respondent.) 1. This Writ Petition has been filed for a Mandamus seeking for a direction to the 1st respondent to give free 3 HP electricity power supply to a Well situated at Survey No.203/9B, Agricultural land with an extent of Hectare 57.50, Nattarmangalam Village, Alathur Taluk, Perambalur District. 2. By consent of both the parties, the main writ petition is taken up for final disposal at the admission stage itself. 3. The petitioner claims that he has applied for free electricity service connection on 29.09.2003. He has also submitted documents for getting free electricity service connection and the same has also been enclosed along with this writ petition. It is the contention of the petitioner that despite the long passage of time, till date, the free electricity service connection has not been granted by the respondents. In such circumstances, he has filed the present writ petition. 4. Heard Mr.S.Gunasekaran, the learned counsel for the petitioner and Mr.Abul Kalam, learned Standing counsel for the TANGEDCO who accepts notice on behalf of the repsondents. 5. On instructions, the learned standing counsel for the respondents would submit that pertaining to the ownership of the property, there is a dispute and a Civil Suit is pending. 6. No prejudice would be caused to the respondent if the petitioner's application seeking for grant of electricity service connection is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the rival claimants and any other necessary party whom the respondent deems fit to enquire. 7.
6. No prejudice would be caused to the respondent if the petitioner's application seeking for grant of electricity service connection is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the rival claimants and any other necessary party whom the respondent deems fit to enquire. 7. For the forgoing reasons, this Court directs the 3rd respondent to pass final orders on the petitioner's application dated 29.09.2003 seeking for grant of free electricity service connection in his name for the aforementioned property within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the parties who have filed the Civil suit in respect of the very same property and any other party whom the 3rd respondent deems fit to enquire. 8. With the aforesaid directions, the Writ Petition is disposed of. No costs.