Madras High Court
Kulathaiyan Sathan vs The Superintendent Engineer on 16 June, 2021
W.A.(MD)No.1217 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1217 of 2021
Kulathaiyan Sathan ... Appellant / Writ Petitioner
Vs.
1.The Superintendent Engineer,
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
Pudukottai District.
2.The Executive Engineer,
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
Thirumayam,
Pudukottai District.
3.The Assistant Engineer,
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
Thenipatti-Pudhupatti,
Thirumayam,
Pudukottai District.
... Respondents / Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1217 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 11.12.2019 in W.P.(MD)No.14759 of 2019 on the file
of this Court.
For Appellant : Mr.Raja Karthikeyan
For Respondents : Mrs.S.Srimathy
----
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.Raja Karthikeyan, learned Counsel appearing for
the appellant/writ petitioner and Mrs.S.Srimathy, learned Standing Counsel
appearing for the respondents/TANGEDCO.
2.This writ appeal is directed against the order dated 11.12.2019,
passed in W.P.(MD)No.14759 of 2019.
3.The appellant filed the writ petition praying for issuance of a writ
of Mandamus to direct the respondents 2 and 3 to provide agricultural service
connection, to the appellant's bore-well in Survey No.82/6B, Karaiyapatti,
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W.A.(MD)No.1217 of 2021
Agavayal Village, Pudukottai District, which is a dry land natham manai,
under 3-1 payment tariff scheme, for agricultural purposes.
4.The writ petition was dismissed on the ground that the bore-well
for which the appellant sought for electricity connection is not situated in the
agricultural land, but admittedly, situated in a land, which is classified as
'natham house site'.
5.The appellant's explanation is that he has got 3 acres of
agricultural land adjoining the natham house site and as per the advise given
by the Geological experts, the bore-well was erected in the corner of the
natham house site and the appellant intends to use the water only for
agricultural purpose. This aspect of the matter appears to be placed before this
Court for the first time.
6.In any event, it is for the appellant to prove before the respondents
2 and 3 that the purpose for which electricity service connection sought for by
the appellant is purely for agricultural purpose, for which, he has to produce
documents to show the extent of agricultural lands owned by him. In any
event, the location of a bore well may be one of the factor and it cannot be
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W.A.(MD)No.1217 of 2021
always regarded as the pre-dominant factor. For certain reasons, the bore-well
might have been erected in a particular place based upon the technical advise.
7.Therefore, in the prima facie view of this court, the question
would be as to what is the usage for which the electricity service connection
is sought for. In any event, it is for the respondents to take a decision in the
matter and we do not make any observations in this regard. For such reason,
we are inclined to remand the matter back to the respondents for fresh
consideration.
8.It is submitted by the learned counsel for the appellant that apart
from the appellant, his wife and other family members are also having
agricultural lands. If that is so, the documents relating to those lands can also
be produced before the authorities at the time of inspection.
9.Accordingly, the writ appeal is allowed and the order passed in
the writ petition is set aside and the application submitted by the appellant,
dated 27.10.2017 is directed to be considered by the respondents and the
second respondent may direct, a inspection to be conducted in the land in
question and thereafter consider the application in terms of the relevant
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W.A.(MD)No.1217 of 2021
regulation / statute. This direction shall be complied with within a period of
eight weeks from the date of receipt of a copy of this judgment. No costs.
[T.S.S., J.] & [S.A.I., J.]
16.06.2021
Index : Yes / No
Internet : Yes / No
RM
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1217 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1217 of 2021
16.06.2021
https://www.mhc.tn.gov.in/judis/
