IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 10.3.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.5800 of 2011 Irusagounder. ... Petitioner -Vs.- 1.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Omalur, Salem District. 2.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Pappampadi, Omalur Taluk, Salem District. 3.Murugesan. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant Agricultural Electricity Service Connection to the Well in S.F.No.204/2B, Vellapuram Village, Edapadi Taluk, Salem District by giving effect to the proceedings made in Letter No.EE/O&M/Omalur/Va.Oo/Kattu-Agricultural/No.168-11/2010 dated 09.08.2010 on the file of the first respondent without insisting no objection from the third respondent in view of my readiness to execute the indemnity bond in the name of the Board. For petitioner : Mr.N.Manokaran. For respondents 1 and 2 : Mr.J.Ravindran. ----- O R D E R
Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant Agricultural Electricity Service Connection to the Well in S.F.No.204/2B, Vellapuram Village, Edapadi Taluk, Salem District by giving effect to the proceedings made in Letter No.EE/O&M/Omalur/Va.Oo/Kattu-Agricultural/No.168-11/2010 dated 09.08.2010 on the file of the first respondent without insisting no objection from the third respondent in view of my readiness to execute the indemnity bond in the name of the Board.
2. Mr.J.Ravindran, learned counsel takes notice on behalf of the respondents electricity board. Considering the nature of order that is to be passed protecting the interest of the third respondent, notice to the third respondent is dispensed with. By consent of both the parties, the writ petition is taken up for final disposal.
3. Petitioner seeks agricultural service connection to the well referred to above without insisting no objection certificate from the third respondent. Petitioner claims that he along with two others has filed a suit O.S.No.389 of 2009 against the third respondent and four others before the District Munsif, Sankari with regard to the property in question. Petitioner also claims that relevant documents required by the respondents 1 and 2 Electricity Board have been submitted. On 9.8.2010, the electricity board has sent a letter to the petitioner to keep the motor and pumpset ready for effecting service Connection. The Writ Petition has been filed on an apprehension that the respondents are orally informed the petitioner to get consent from the third respondent.
4. In view of the above, the respondents 1 and 2 are directed to proceed in the matter in accordance with law. If there is any objection on the part of the third respondent, the authorities shall consider the objections of the third respondent and the claim of the petitioner on merits and take appropriate steps in accordance with law pursuant to the letter dated 9.8.2010. It is made clear that if the third respondent has given any objection, sufficient opportunity should be given to him to present his objections. The proceeding should be finalised at the earliest.
5. The Writ Petition is disposed of as above. No costs.
ts
To
1.The Executive Engineer,
Operation and Maintenance,
Tamil Nadu Electricity Board,
Omalur,
Salem District.
2.The Assistant Engineer,
Operation and Maintenance,
Tamil Nadu Electricity Board,
Pappampadi,
Omalur Taluk,
Salem District