Madras High Court
N.Palanisamy vs Perumal on 10 July, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1343 of 2013
and
M.P.(MD)No.1 of 2013
1.N.Palanisamy
2.Perumal ... Appellants
Vs.
1.Perumal
2.The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation,
Mannarpuram, Trichy District.
3.The Additional Divisional Engineer,
Tamil Nadu Government and Distribution Corporation,
Madurai Road, Mannarpuram, Trichy District.
4.The Assistant Engineer (East),
Tamil Nadu Generation and Distribution Corporation,
Mannarpuram, Trichy District. ... Respondents
1/6
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PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent to set
aside the order, dated 08.11.2013 passed by this Court in W.P(MD)No.
11674 of 2013.
For Appellant :Mr.K.Vinoharan
for Mr.G.Prabhu Rajadurai
For R1 :No Appearance
For R2 to R4 :Mr.Surulirajan
for Mr.S.Deenadhayalan
****
JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)
The Writ Petition has been filed by an individual, who was the
joint owner along with two others, R4 and R5 in the Writ Petition, to an
electricity connection bearing S.C.No.43, which irrigated the lands at
S.F.No.556/9, Pannapatti Village, Chettiapatti Post, Manapparai Taluk.
2.The three individuals are related. The Writ Petitioner,
pending this arrangement, made an application for a change-over switch
in respect of the same electricity service connection to a bore well
situated at S.F.No.556/5E to service other agricultural lands. There were
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objections raised by R4 and R5 to this request. Thus, a Writ Petition
came to be filed by the petitioner seeking a Mandamus directing the
Assistant Engineer, TANGEDCO/R3 to receive his application for
providing separate change-over switch and ordering the same.
3.In order dated 08.11.2013, allowing the Writ Petition, learned
Single Judge has considered the objections of the respondents at para 5,
extracted below, stating that there would be no prejudice caused to the
Department in accepting the Writ Petitioner's request.
“5.However, since the petitioner is going to have
bore well 100 meters away from the existing Well, the
objections raised by the respondents 4 and 5 that availability of
water level from the existing Well would be reduced cannot be
accepted. After obtaining legal opinion, when the respondents
2 and 3 are having no objection for grant of change over
switch from the existing Well to the proposed bore well of the
petitioner, this Court is inclined to allow the writ petition by
giving a direction to the 2nd respondent to consider the
petitioner's application and pass appropriate orders, granting
separate change over switch from S.C.No.43 to the bore well
situated in S.F.No.556/5E, within a period of four weeks from
the date of receipt of receipt of a copy of this order.
Consequently, M.P.(MD)No.1 of 2013 is closed. No costs.”
4.This order is stated to have been implemented as early as on
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17.12.2013 and thus, after the lapse of nearly one decade, we see today,
no justifiable reason to intervene and disturb the present arrangement.
The present appellants, being the private respondents in the Writ Petition,
would point out that on account of the change-over switch provided, and
the bore well reaching a far greater depth than the well, the well has run
dry and they have been deprived of water to carry on agricultural
operations.
5.In the light of the fact that the parties have lived with the
present position for nearly ten years, we are not inclined to disturb the
present arrangement, but grant liberty to the appellants to work out the
best solution possible. They may approach the concerned authorities of
TANGEDCO in this regard and any application filed by
them/representation made, shall be considered and disposed within a
period of four weeks from the date of receipt thereof, in accordance with
law and applicable Regulation.
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6.With this, this Writ Appeal stands disposed. No costs.
Consequently, connected miscellaneous petition is closed.
[A.S.M.J.,] & [R.V.J.,]
10.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
cmr
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DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
cmr
W.A.(MD)No.1343 of 2013
Dated:
10.07.2023
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