Madras High Court
R.Murugesan vs The Superintending Engineer on 22 September, 2023
W.P(MD) No.1411 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.09.2023
CORAM:
THE HONOURABLE MRS.JUSTICE S. SRIMATHY
W.P(MD) No. 1411 of 2021
R.Murugesan :Petitioner
..Vs..
1.The Superintending Engineer,
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Covai Road,
Karur, Karur District.
2.The Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Covai Road,
Karur, Karur District.
3.The Assistant Engineer,
(Operation and Maintenance),
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Sukkaliyur Post,
Karur District.
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD) No.1411 of 2021
4.The Chairman cum Managing Director,
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO),
NPKRR Maaligai,
144, Anna Salai,
Chennai 600 002. : Respondents
(R4 is suo motu impleaded by this Court,
vide this order, dated 22.09.2023, in
W.P.(MD)No.1411 of 2021)
PRAYER: Writ Petition filed under Article 226 of the Constitution of to
issue a Writ or order especially in the nature of WRIT OF MANDAMUS
directing the respondents to effect Agriculture Free Electricity Service
Connection to the petitioner's land situated in S.No.396/5 of Thalappatti
Village, Manmangalam Taluk, Karur District on the basis of the petitioner's
representation, dated 02.03.2020.
For Petitioner : Mr.V.Balaji
For Respondents : Mr.S.Deenadhayalan
ORDER
The present Writ Petition is filed for writ of Mandamus,
directing the respondents to effect Agriculture Free Electricity Service
Connection to the petitioner's land situated in S.No.396/5 of Thalappatti
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W.P(MD) No.1411 of 2021
Village, Manmangalam Taluk, Karur District on the basis of the petitioner's
representation, dated 02.03.2020.
2. The petitioner is having 4 acres of agricultural land and he
is having patta No.2075. The petitioner is depending on the well available
in the agricultural land for drawing water. The petitioner is using oil
engine and it is too expensive. Therefore, the petitioner in order to get
Free Agricultural Service connection provided by the Government of Tamil
Nadu to the farmers and has registered his name and the land. The
respondents had registered the petitioner’s name under Registration No.
123/95/96, dated 31.07.1995 for 7.5 H.P. Electric Motor.
3. The contention of the respondents that the petitioner’s
seniority came up and the respondents issued notice to the petitioner to
show the readiness and willingness after installing the motor engine and
other wiring. But the contention of the petitioner is that the said notice was
not received by the petitioner. The respondents submitted that the notice
was issued through the certificate of posting.
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W.P(MD) No.1411 of 2021
4. This Court in several judgments has held that the said
notice should be served to the proposed consumer through registered post
only. The respondents have not shown any documents or evidence to show
that the notice was sent to the petitioner through registered post.
Therefore, this Court is of the considered opinion that the respondents are
bound to consider the case of the petitioner.
5. The further contention of the respondents is that the
respondents vide circular, dated 23.06.2012 had issued certain guidelines.
Wherein it is stated that the Executive Engineer is empowered to condone
the delay upto one year from the expiry of initial 90 days notice period.
Likewise, the Superintending Engineer is having power to condone delay
upto three years. The Chief Engineer (Distribution) is having power to
condone delay of five years. Thereafter the respondents are not having
power to extend the period. Hence the respondents submitted that the
respondents are not having power to consider the case if it is beyond the
period of five years.
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W.P(MD) No.1411 of 2021
6. After hearing the rival submissions this Court is of the
considered opinion that the Executive Engineer, Superintending Engineer
and Chief Engineer (Distribution) may not be having power. But the
Chairman of TANGEDCO have power to consider the same. Moreover the
Circular may be binding the respondents but it cannot be put against the
petitioner for denying the free electricity service connection. The
appropriate authority to consider is the Chairman of the TANGEDCO.
However, the petitioner has not impleaded the Chairman as one of the
party.
7. This Court is suo motu impleading the Chairman cum
Managing Director of TANGEDCO as 4th respondent. The petitioner’s
application shall be considered by the 4th respondent without relying on the
circular and pass orders. This Court believes that the Chairman will not
dismiss the claim of the petitioner, since the petitioner is waiting for free
agriculture service connection which is a scheme granted by the
Government of Tamil Nadu to support the agriculturists. The 4th
respondent is directed to consider it with magnanimity. The respondents
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W.P(MD) No.1411 of 2021
submitted that the petitioner's application is missing. Once a registration
number is granted to the petition, the respondents cannot state that the
application is missing. The respondents are directed to reconstitute
duplicate form and process the same as stated supra.
8. With the above said observation, the writ petition is
allowed. No costs.
22.09.2023
Index:Yes/No
Internet:Yes/No
tmg
https://www.mhc.tn.gov.in/judis
W.P(MD) No.1411 of 2021
To
1.The Superintending Engineer,
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Covai Road,
Karur, Karur District.
2.The Executive Engineer,
(Operation and Maintenance),
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Covai Road,
Karur, Karur District.
3.The Assistant Engineer,
(Operation and Maintenance),
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO), Sukkaliyur Post,
Karur District.
4.The Chairman cum Managing Director,
Tamil Nadu Generation of Electricity and
Distribution Corporation Limited,
(TANGEDCO),
NPKRR Maaligai,
144, Anna Salai,
Chennai 600 002.
https://www.mhc.tn.gov.in/judis
W.P(MD) No.1411 of 2021
S. SRIMATHY, J.,
tmg
W.P(MD) No. 1411 of 2021
22.09.2023
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