Madras High Court
R.Malayapasamy vs The Regional Chief Engineer on 6 September, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 06.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.18332 of 2022
R.Malayapasamy ..Petitioner
Vs
1.The Regional Chief Engineer,
Tiruchirappalli Region,
TNEB, Thennur,
Thiruchirappalli – 620 017.
2.The Superintending Engineer,
TNEB, Karur Electricity Distribution Circle,
TNEB Complex,
3, Kovai Road,
Karur – 639 002.
3.The Executive Engineer,
TNEB, Karur Distribution Circle,
TNEB Complex,
3, Kovai Road,
Karur – 639 002.
4.The Assistant Engineer,
TNEB, Karur Distribution Circle,
TNEB Complex,
3, Kovai Road,
Karur – 639002. . Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the respondents
to provide temporary electricity connection to the Petitioner's approved
house site property in S.NO.661/2 which is situated at Plot No.2, Sri
Chellandiamman
https://www.mhc.tn.gov.in/judis Nagar Phase-1, Andankovil Maelpagam Village,
2
Manmangalam Taluk, Karur District within the time specified by this Court.
For Petitioner :Mr.J.Senthil Kumaraiah
For Respondents :Mr.S.Deenadhayalan
Standing Counsel
ORDER
The Petitioner has filed this Writ Petition seeking for a direction to the respondents to provide temporary electricity connection to the Petitioner's approved house site property in S.NO.661/2 which is situated at Plot No.2, Sri Chellandiamman Nagar Phase-1, Andankovil Maelpagam Village, Manmangalam Taluk, Karur District within the time specified by this Court.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The Petitioner had purchased a land measuring an extent of 191.40 sq.ft which has been approved by the revenue authorities concerned of the Andankovil Maelpagam Village, Manmangalam Taluk, Karur District. He has applied for permission to construct a house to the President of Andangkovil Maelpagam Village Panchayat and the Petitioner was issued with approval in NO.3/20922-23 for construction of a house in the aforesaid area. The Petitioner submits that after getting plan approval, https://www.mhc.tn.gov.in/judis he has approcahed the second respondent to give temporary electricity 3 connection for initiating construction process. He received a message from the respondents' Office to pay Rs.2818/- as subscribtion charge for providing electricity connection and on 7.5.2022, the Petitioner has also paid the same to the authorities concerned and on receiving the same, the authorities have not issued appropriate orders for giving electricity connection as sought for by the Petitioner. In this connection, the Petitioner has sent a representation to the respondents on 6.6.2022 asking for temporary electricity connection. Since the same was not considered in time, the Petitioner has come forward with the present Writ Petition.
4.The learned Standing Counsel appearing for the respondents would submit that the Petitioner's lay out is not an approved lay out and the authorities cannot give electricity connection to an unapproved lay out. According to him, there cannot be any electicity connection to a land which does not have the status of an approved lay-out from the authorities concerned.
5.On going through the typed-set of papers, it is seen that the President/Executive Officer of the Andangkovil (West) Panchayat, karur District has issued a letter, dated 11.4.2022 in Proceedings No. 03/2022-23, wherein, planning permission was granted, in which, reference was made for grant of approval by the Assistant Director, Town https://www.mhc.tn.gov.in/judis 4 and Country Planning Office, Karur District by proceedings No.14 of 2021, dated 2.2.2021, by which, the said lay out has been approved and adequate sanction has been granted. Based on which, building permission and approval has been granted properly by the revenue authorities and the President of the Andangkovil Panchayat.
6.There are judgments of this Honourable Court, wherein, for poramboke land itself, there were directions to issue electricity connection.
7.In view of the above, the competent authority/fourth respondent herein is directed to look into the matter of granting temporary electricity connection for construction of a house by the Petitioner in S.NO.661/2 , situated at Plot No.2, Sri Chellandiamman Nagar Phase-1, Andankovil Maelpagam Village, Manmangalam Taluk, Karur District on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
8.With the above direction, the Writ Petition stands disposed of. No costs.
06.09.2022
https://www.mhc.tn.gov.in/judis
5
Index : Yes/No
Internet:Yes/No
vsn
To
1.The Regional Chief Engineer,
Tiruchirappalli Region,
TNEB, Thennur,
Thiruchirappalli – 620 017.
2.The Superintending Engineer,
TNEB, Karur Electricity Distribution Circle, TNEB Complex, 3, Kovai Road, Karur – 639 002.
3.The Executive Engineer, TNEB, Karur Distribution Circle, TNEB Complex, 3, Kovai Road, Karur – 639 002.
4.The Assistant Engineer, TNEB, Karur Distribution Circle, TNEB Complex, 3, Kovai Road, Karur – 639002. .
https://www.mhc.tn.gov.in/judis 6 V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.18332 of 2022 06.09.2022 https://www.mhc.tn.gov.in/judis 7 https://www.mhc.tn.gov.in/judis 8 https://www.mhc.tn.gov.in/judis 9 https://www.mhc.tn.gov.in/judis 10 https://www.mhc.tn.gov.in/judis 11 https://www.mhc.tn.gov.in/judis