Santhanakrishnan A.R v. Executive Engineer

O R D E R This Writ Petition has been filed in the nature of mandamus seeking a direction to the first respondent / the Executive Engineer, Operation and Maintenance, TANGEDCO, Kumbakonam North, Kumbakonam to provide electricity supply by energizing connection Nos. 482-017-9& 482-017-6, for the agricultural lands in S.No.57, No.9, Karuppur Village, Thiruvidamaruthur Taluk, Thanjavur District.

¶2The petitioner, owns the aforementioned agricultural lands at Karuppur Village. He claims that there were separate electricity connections as stated above. They were damaged in the cyclone in Thanjavur District nearly about thirty years back. The entire lines got damaged beyond repairs. The Electricity Department had restored several of such damaged poles and had restored connection. However, the Electricity lines which provide connection to the lands of the petitioner were not restored. Thereafter, owing to drought conditions, agriculture activities could not be conducted. Subsequently, the situation has improved. There is water but there is no electricity to facilitate agriculture activities.

¶3The petitioner had placed reliance on the electricity card that had been issued to him to show to the respondents that there is necessity to survey the land of the petitioner and provide electricity connection.

¶4The respondents had rejected the claim of the petitioner by stating that the petitioner will have to pay charges if he seeks a new connection. If he seeks a connection immediately, he would have pay tatkal charges which would amount to Rs.5,00,000/- (Rupees Five Lakhs only). It is also stated that the poles will have to be put up and expenses must be borne by the petitioner herein.

¶5The learned counsel for the petitioner however stated that the poles are not for the exclusive use of the petitioner, but for the general usage of the particular area.

¶6If the petitioner produces bills for payment of electricity charges, then, the application of the petitioner could be considered. As stated, the petitioner had produced an electricity card, wherein details regarding the electricity units consumed and the rate of calculation for payment of the necessary electricity charges and the charges actually paid are evident.

¶7In view of these facts, I would direct the petitioner to produce the electricity card and also establish the fact that the petitioner had a connection earlier as is evident from the website of the respondents herein, before the first respondent and on such production, the first respondent may proceed further to re-energize the electricity connection of the petitioner herein without insisting on payment of tatkal charges. If there is any repair work to be done on the poles, then, the petitioner, for the purpose of the general public, may contribute for erection of such poles for repairing the damaged poles.

¶5In view of the above reasons, the respondents may re-energize the aforementioned to the connection of the electricity. The respondents may not insist of tatkal charges alone. The respondents may not insist for charges for fresh electricity connection. If poles have to be put up, the petitioner may contribute. Since the petitioner seeks a relief beyond three decades and he must contribute for the expenses incurred by the respondents herein. A direction is given to the respondents to re-energize the electricity connection within a period of sixteen weeks from the date of receipt of a copy of this order.

¶6With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs.

20.03.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

¶1The Executive Engineer, Operation and Maintenance, TANGEDCO, Kumbakonam North, Rajan Thotam Campus, Kumbakonam.

¶2The Superintending Engineer, TANGEDCO, Thanjavur Distribution Circle, No.1, Vallam Road, Thanjavur - 613 007.

C.V.KARTHIKEYAN, J. vji

20.03.2023

]BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.R.Santhanakrishnan ... Petitioner Vs. 1. The Executive Engineer, Operation and Maintenance, TANGEDCO, Kumbakonam North, Rajan Thotam Campus, Kumbakonam. 2. The Superintending Engineer, TANGEDCO, Thanjavur Distribution Circle, No.1, Vallam Road, Thanjavur - 613 007. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to provide electricity supply by energizing connection Nos.482-017-9 & 482-017-6, for the agricultural lands in Survey No.57, No.9, Karuppur Village - 609 807, Thiruvidamaruthur Taluk, Thanjavur District, in a time bound manner. For Petitioner : Mr.M.Aarumugam for M/s.Rank Associates For Respondent : Mr.K.Nagarajan Standing Counsel