IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.25075 of 2009 A.Balasubramaniam .. Petitioner. Versus 1.The Executive Engineer (Distribution), Tamil Nadu Electricity Board, North Kovai Electricity Distribution Circle, Somanur 641 668. 2.Mr.A.Krishnamurthy .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus, to call for the records of the first respondent made in Letter No.1614/09, dated 15.10.2009, and quash the same and consequently, direct the first respondent to provide electricity connection to the petitioner to extract water by a 7.5 Hp Motor in the property situate at Survey No.197/1, Iduvai Village, Tiruppur Taluk. For Petitioner : Mr.J.Franklin For Respondents : Mr.J.Ravindran (R1) Mr.S.K.Rahunathan (R2) O R D E R
This writ petition has been filed challenging the impugned order of the first respondent issued in his Letter No.1614/09, dated 15.10.2009, and to direct the first respondent to provide electricity service connection to the petitioner to draw water from his bore well, in S.No.197/1, Iduvai Village, Tiruppur Taluk, Tiruppur District.
2. By the impugned order, dated 15.10.2009, the first respondent had stated that the second respondent, who is the brother of the petitioner, had objected to the grant of electricity service connection to the petitioner and therefore, the petitioner has to obtain a `No Objection Certificate’ from the second respondent, before the request of the petitioner could be considered.
3. The learned counsel for the petitioner had submitted that the second respondent cannot have any objection for the petitioner for getting electricity service connection to his separate bore well, situated in S.No.197/1, Iduvai Village, Tiruppur Taluk, Tiruppur District.
4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the second respondent had submitted that the second respondent would not have any objection, if the electricity service connection is granted to the petitioner to be used in his separate bore well, situated in S.No.197/1, Iduvai Village, Tiruppur Taluk, Tiruppur District, which is a common property belonging to both the petitioner, as well as the second respondent.
5. In view of the said submission made by the learned counsel appearing on behalf of the second respondent, the first respondent is directed to consider the application of the petitioner for electricity service connection to his separate bore well, in S.No.197/1, Iduvai Village, Tiruppur Taluk, Tiruppur District, without insisting on the `No Objection Certificate’ from the second respondent and to pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
The writ petition is ordered accordingly. No costs.
csh
To
The Executive Engineer (Distribution),
Tamil Nadu Electricity Board,
North Kovai Electricity Distribution Circle,
Somanur 641 668