Madras High Court
Pichai Sthabathi @ Pichandi vs Superintendent Engineer on 1 August, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.4244 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.4244 of 2022
Pichai Sthabathi @ Pichandi ... Petitioner
Versus
1. Superintendent Engineer,
Tamil Nadu Electricity Board,
Vengikal Village and Post,
Tiruvannamalai Taluk & District.
2. The Assistant Executive Engineer (South),
Tamil Nadu Electricity Board,
Vengikal Village and Post,
Tiruvannamalai Taluk & District.
3. The Junior Engineer (South),
Tamil Nadu Electricity Board,
Vengikal Village and Post,
Tiruvannamalai Taluk & District.
4. V.Mani
Petition filed under Article 226 of the Constitution of India praying to
issue Writ of Mandamus to direct the respondents 1 to 3 to consider objection
of the petitioner, as detailed in the representation dated 21.01.2022, by
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W.P.No.4244 of 2022
affording an opportunity to appear in person and to place his submissions with
documents, while considering the application of the 4th respondent.
For Petitioner : Mr.P.G.Thiyagu
For Respondents : Mr.L.Jaivenkatesh
Stdg. Counsel for TNEB/RR1 to 3
: Mr.K.Venkateswaran for R4
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to consider the objection of the petitioner as detailed in his representation dated 21.01.2022 by affording an opportunity of hearing in person and to place his submissions with documents while considering the application of the fourth respondent, seeking for grant of electricity service connection.
2. According to the petitioner, he is the owner of the extent of land in Survey No.50/2M1B in Melathikan Village, Thiruvannamalai District. According to the petitioner, larger extent of land in the aforementioned survey number was acquired from the fourth respondent and the fourth respondent is 2/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 entitled only for the remaining extent in the said survey number. However, according to the petitioner, the fourth respondent has erected a bore well in Survey No.50/2M1B which is the subject matter of acquisition and has applied for electricity service connection in his name. The petitioner claims that the fourth respondent is not entitled for grant of electricity service connection for the subject property. According to the petitioner, he has also filed a suit in O.S.No.32 of 2021 which is pending on the file of Sub Court, Thiruvannamalai against the fourth respondent. Since there is a dispute, the fourth respondent had filed a writ petition in WP No.19583 of 2021, seeking for grant of electricity service connection in his name based on his application submitted with the respondents. W.P.No.19583 of 2021 was disposed of by this Court on 10.11.2021 directing the respondents 1 to 3 to consider fourth respondent's application on merits. According to the petitioner, he was arrayed as fourth respondent in WP No.19583 of 2021, filed by the fourth respondent herein.
3. According to the petitioner, he had submitted written objection to the respondents 1 to 3 with regard to the request made by the fourth respondent, seeking for grant of electricity service connection by his letter dated 21.01.2022. According to the petitioner, the same has also been duly 3/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 acknowledged by the respondents 1 to 3. According to the petitioner, without considering the petitioner's objection, it is now informed that the respondents have passed an order on 09.02.2022, granting temporary electricity service connection in favour of the fourth respondent in this writ petition. According to the petitioner, the respondents have not complied with the direction given by this Court on 10.11.2021 in WP No.19583 of 2021.
4. As seen from the said order, no direction was issued to hear the petitioner in this writ petition before passing any final order in the fourth respondent's application, seeking for grant of electricity service connection. But, since the petitioner in this writ petition was arrayed as fourth respondent in the writ petition, filed by the fourth respondent in this writ petition, the official respondents ought to have heard the petitioner.
5. In the counter affidavit of the official respondents as well as in the counter affidavit of the fourth respondent, there is no whisper about the objection raised by the petitioner for grant of electricity service connection in favour of the fourth respondent through his letter dated 21.01.2022 which was also duly acknowledged by the official respondents. The objection was sent on 4/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 21.01.2022 and the order, granting temporary electricity service connection in favour of the fourth respondent, was issued on 09.02.2022 i..e, after the receipt of the objection from the petitioner. Having received the objection, the official respondents ought to have considered the same on merits and in accordance with law after affording a fair hearing to the petitioner. Having not done so, the petitioner must be granted one more opportunity to participate in the enquiry proceedings, to be initiated by the official respondents. But, since, the official respondents have acted upon the order dated 09.02.2022 by granting temporary electricity service connection to the fourth respondent, the said order cannot be disturbed as the learned counsel for the fourth respondent would submit that the temporary electricity service connection was obtained only for the purpose of construction work that is currently taking place in the subject property.
6. No prejudice would be caused to any of the parties if the petitioner is granted an opportunity of hearing to raise his objections before grant of permanent electricity service connection in favour of the fourth respondent.
7. For the foregoing reasons, the writ petition is disposed of by directing the third respondent to pass final orders on merits and in accordance 5/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 with law on the fourth respondent's application, seeking grant of permanent electricity service connection after affording a fair hearing to the petitioner as well as fourth respondent, including granting them the right of personal hearing and also permitting them to produce the documents/evidence in support of their respective contentions within a period of four weeks from the date of receipt of a copy of this order.
01.08.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 6/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 To
1. The Superintendent Engineer, Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.
2. The Assistant Executive Engineer (South), Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.
3. The Junior Engineer (South), Tamil Nadu Electricity Board, Vengikal Village and Post, Tiruvannamalai Taluk & District.
7/8 https://www.mhc.tn.gov.in/judis W.P.No.4244 of 2022 ABDUL QUDDHOSE, J.
sr W.P.No.4244 of 2022 01.08.2022 8/8 https://www.mhc.tn.gov.in/judis