Madras High Court
M.C.Errammal(Died) vs The Divisional Engineer on 16 November, 2022
W.P(MD)No.9894 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.9894 of 2013
and
M.P(MD)No.1 of 2014
M.C.Errammal(Died)
2.M.Chinnasamy(Died)
3.M.C.Subramanian
4.M.C.Chandran ... Petitioners
(P2 is impleaded vide Court order, dated 15.02.2016
M.P(MD)No.1 of 2015)
(P3 & P4 are substituted vide Court order, dated
08.11.2022 in W.M.P(MD)No.19440 of 2022)
Vs.
1.The Divisional Engineer,
Tamil Nadu Electricity Board,
Dindigul District.
2.The Assistant Executive Engineer (North),
Tamil Nadu Electricity Board,
Dindigul District.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9894 of 2013
3.The Assistant Engineer,
NGO Colony,
Tamil Nadu Electricity Board,
Dindigul District.
4.G.Munusamy
5.G.Thangaraj
6.G.Shanmugam ... Respondents
(R4 to R6 are impleaded vide Court order, dated
03.07.2013 in M.P(MD)No.1 of 2013)
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records relating to letter by the 3rd respondent in his
proceedings f.vz;.nrngh/t/jpfy;/njhEc/Nfh.fl;L/m.vz; 12/11
dated 15.11.2011 and quash the same and consequently directing the
respondents to execute the electric line work and provide electricity
connection to petitioner house situated at Survey No.4/2B & 4/3B.
For Petitioners : Mr.V.Muthumani Sivakumar
For R1 – R3 : Mr.S.Deenadhayalan
Standing Counsel
For R4 – R6 : No Appearance
ORDER
The present writ petition has been filed challenging an order
passed by the 2nd respondent herein, under which the request of the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9894 of 2013
petitioner for grant of service connection was rejected on the ground that
20 years have lapsed from the date of application.
2. According to the learned counsel for the petitioners, the
deceased 1st petitioner had applied for domestic electricity service
connection and the said service connection has to be effected through a
pathway, which was objected to by the private respondents, namely
respondents 4 to 6.
3. The said private respondents had filed O.S.No.81 of 2013 before
Principal Sub Court, Dindigul for the relief of permanent injunction, not
to put up any electrical poles in the suit schedule property. The said suit
was dismissed on 06.09.2019. According to the learned counsel for the
petitioners, the said judgment and decree has attained finality.
4. The learned counsel for the petitioners further submits that they
have given a fresh application on 02.11.2022 for new service
connection.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9894 of 2013
5. Though the respondents 4 to 6 have entered appearance, there is
no representation on their side.
6. The learned standing counsel for the Electricity Board
undertakes that they will consider the fresh application in the light of the
Civil Court decree. The Electricity Board is directed to give service
connection to the writ petitioners, if they have satisfied all the statutory
formalities, within a period of twelve (12) weeks from the date of receipt
of a copy of this order. In case if there is any objection on the side of the
respondents 4 to 6 for providing service connection, the petitioner is at
liberty to seek police protection.
7. With the above said observations, this Writ Petition stands
allowed. No costs. Consequently, connected Miscellaneous Petition is
closed.
16.11.2022
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9894 of 2013
To
1.The Divisional Engineer,
Tamil Nadu Electricity Board,
Dindigul District.
2.The Assistant Executive Engineer (North),
Tamil Nadu Electricity Board,
Dindigul District.
3.The Assistant Engineer,
NGO Colony,
Tamil Nadu Electricity Board,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9894 of 2013
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P(MD)No.9894 of 2013
Dated:
16.11.2022
https://www.mhc.tn.gov.in/judis
