IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.772 of 2010 S.Venkatesan .. Petitioner. Versus 1.The Assistant Electrical Engineer, Operation and Maintenance, Melpadi, Katpadi Taluk, Vellore District-632 520. 2.The District Forest Officer, Vellore Division, Vellore. .. Respondents. Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records of the first respondent which culminated in the order, dated 5.3.2009, in proceedings No.AEE/O&M/Melpadi/Div.Saw Mill/K.No.379/09 and quash the same and consequently, direct the first respondent to restore the electrical service connection of "Shree Dhanalakshmi Saw Mills", established by the petitioner at No.172, Thiruvallam Road, Melpadi Village Post, bearing service connection No.503. For Petitioner : Ms.G.Thilakavathi For Respondents : Mr.P.Srinivas (R1) Mr.S.N.Kirubanandam Special Government Pleader (Forests) (R2) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. It is submitted by the learned counsel appearing for the petitioner that the first respondent may be directed to restore the electricity service connection to the petitioner’s premises situated at No.172, Thiruvallam Road, Melpadi Village Post, bearing service connection No.503, based on the affidavit of undertaking submitted by the petitioner before this Court, on 19.1.2010, which is as follows:
“1. I am the petitioner herein and, as such, I am well acquainted with the facts and circumstances of the case.
2. I undertake not to operate the saw mill if electricity connection is restored to me and I would avail the orders to be passed by the Central Empowered Committee before whom I have made application for grant of licence for operation of the saw mill.
3. I abide by such conditions which the Department imposes for restoration of the electrical service connection bearing No.503 “Shree Dhanalakshmi Saw Mill” at No.172, Thiruvallam Road, Melpadi Village and Post, Vellore.”
It is also submitted that a similar order had been passed by this Court, in W.P.No.19966 of 2009 (batch), on 13.10.2009.
3. The learned counsels appearing on behalf of the respondents has no objection for such an order being passed by this Court.
4. In view of the submissions made by the learned counsels appearing on either side, and in view of the undertaking given by the petitioner, the first respondent is directed to restore the electricity service connection to the petitioner’s premises situated at No.172, Thiruvallam Road, Melpadi Village Post, bearing service connection No.503, within a period of six weeks from the date of receipt of a copy of this order.
5. However, it is made clear that the petitioner shall not run the saw mill contrary to the directions issued by the Supreme Court. If the petitioner is found to be indulging in any activity contrary to the directions of the Supreme Court, the respondents are at liberty to take appropriate action against the petitioner, in the manner known to law.
The writ petitions are ordered accordingly. No costs. Consequently, connected Miscellaneous Petition No.1 of 2010 is closed.
Index:Yes/No 27-01-2010
Internet:Yes/No
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M.JAICHANDREN,J.
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To
1.The Assistant Electrical Engineer,
Operation and Maintenance,
Melpadi, Katpadi Taluk,
Vellore District-632 520.
2.The District Forest Officer,
Vellore Division, Vellore.
Writ Petition No.772 of 2010
27-01-2010