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A.S.Arunachalam vs The Executive Engineer ...

Madras High Court|20 March, 2017

JUDGMENT / ORDER

This Writ Petition is for issuing a Writ of Mandamus directing the respondents to provide electricity connection for agriculture purpose to the petitioner's name in Survey No.767/2, Elanthiraikondan Village, Rajapalayam Taluk, Virudhunagar District, pursuant to the communication issued by the 1st Respondent in his proceedings vide f.vz;/nrng/g/,uhir/njh/Ec.2/fhtp.t/m.vz;.2028/2010, dated 14.07.2010 within a time stipulated by this Court.
2.The case of the petitioner is that his father applied for free electricity service connection purely for agricultural purpose on 30.05.1995 and that pending the said application his father died on 12.04.2004. Hence, the petitioner has filed an application for the grant of electricity service connection in the petitioner's name. Since his representation was not considered by the respondents, he approached this Court earlier and this Court has directed the first respondent to consider the petitioner's representation dated 10.05.2015.
3.It is the case of the petitioner that in the previous representation, he has mentioned Survey No.767/2A instead of S.No.767/2. Though the petitioner has filed a petition for the amendment of the survey number in the previous Writ Petition, according to him, the petition was returned on the ground that the Writ Petition has already been disposed of. It is in the above circumstances, the petitioner submitted that he is constrained to file the present Writ Petition which is required only to amend the Survey Number as 767/2.
4.Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
5.Considering the limited scope of the prayer and categorical statement of the second respondent in the counter affidavit that the request of the petitioner would be considered if the petitioner produces the said Death Certificate and Legal heir Certificate before the first respondent and considering the nature of dispute, without expressing any opinion on the merits of the case, this Court is inclined to pass the following directions:
The petitioner is directed to produce a copy of the Death Certificate and Legal heir Certificate of his father promptly before the respondents within a period of four weeks from the date of receipt of a copy of this order. On receipt of such certificates, the respondents are directed to consider the petitioner's representation dated 10.05.2015 by treating the said representation as one in relation to Survey No.767/2 in Elanthiraikondan Village, Rajapalayam Taluk, Virudhunagar District and dispose of the same on merits and in accordance with law within a period of eight weeks thereafter.
6.With the above direction, this Writ Petition is disposed of. No costs.
To
1. The Executive Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., Rajapalayam, Virudhunagar District.
2. The Junior Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., Thalavaipuram, Virudhunagar District..
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Title

A.S.Arunachalam vs The Executive Engineer ...

Court

Madras High Court

JudgmentDate
20 March, 2017