Mr.M.Suresh Kumar, the learned counsel appearing for the first and second respondents, takes notice. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the first and second respondents.
2. This writ petition has been filed praying for a Writ of Mandamus to direct the respondents 1 and 2 to provide 30 H.P. electricity service connection to the petitioner saw mill, in S.No.373/5-7-374/14 B1, Karunkalakudi, Kamboor Panchayat, Madurai District.
3. The petitioner had stated that he had purchased an old saw mill for Rs.5,50,000/-, from one Radha Krishnan, located at Santhai Pettai, Main Road, Melur. After the purchase of the saw mill the petitioner had wanted to shift the saw mill to Karunkalakudi Village. The forest department and the fire service department had granted no objection certificate for the setting up of the saw mill, in the new place. However, the respondents 1 and 2 did not provide the electricity service connection for the said saw mill, as though it was a new saw mill.
4. In the counter affidavit filed on behalf of the first and second respondents, it has been stated that the saw mill purchased by the petitioner, which was being run in the name of Saravana Saw Mill and Timbers, from one Radha Krishnan, was an abandoned saw mill. Even though the forest department and the fire service department had given a no objection certificate, the petitioner is required to obtain a no objection certificate from the Central Empowered Committee before the necessary electricity connection could be given to the petitioner's saw mill at Karunkalakudi.
5. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner, had submitted that he had made a representation to the Central Empowered Committee for obtaining a no objection certificate, on 17.9.2009, and it is still pending consideration before the said committee.
6. The learned counsel appearing for the first and second respondents had submitted that the only requirement the petitioner has to fulfill is the production of a no objection certificate from the Central Empowered Committee and after the petitioner produces such a certificate, issued by the Central Empowered Committee, the first and the second respondents could consider the request of the petitioner for providing the electricity service connection to the petitioner's saw mill, as requested by him.
7. In view of the submissions made on behalf of the petitioner, as well as the first and the second respondents, this Court is of the considered view that the reliefs sought for by the petitioner in the present writ petition cannot be granted, at this stage. Therefore, the writ petition stands dismissed. However, it would be open to the petitioner to approach the first and second respondents for the electricity service connection to the petitioner's saw mill, along with the no objection certificate that may be issued by the Central Empowered Committee and it is expected of the respondents 1 and 2 to consider the request of the petitioner, as and when he makes a representation, along with the no objection certificate issued by the Central Empowered Committee. If the petitioner is able to produce the no objection certificate from the Central Empowered Committee, as required by the respondents 1 and 2, the said respondents may consider the granting of electricity service connection, as required by the petitioner, based on his application, dated 4.7.2009 and pass appropriate orders thereon, expeditiously. No costs.
csh To
1.The Superintendent Engineer, Tamil Nadu Electricity Board, K.Pudur, Madurai-7.
2.The Assistant Engineer (Distribution), Tamil Nadu Electricity Board, Karunkalakudi, Madurai District.
3.The District Forest Officer, Race Course, Madurai-2.