High Court disposed of a writ petition seeking free agricultural electricity supply. The Court held that the petitioner must first approach the respondent via representation. Liberty was granted to file a representation within eight weeks.
None; liberty granted to submit representation. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 21.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.14663 of 2016
and
W.M.P.No.12837 of 2016
V.Muthu ... Petitioner
Vs.
1. Tamil Nadu Electricity Board,
rep by its Chairman,
Anna Salai, Chennai – 600 002.
2. The Executive Engineer (O & M),
Cuddalore Electricity Distribution Circle,
Tamil Nadu Electricity Board,
Cuddalore.
3. The Village Administrative Officer,
Poolambadi Village (Niramani, Kaliyamedu),
Virudachalam Taluk,
Cuddalore District.
4. The Managing Director,
TAHDCO,
TNHB Shopping Complex,
Thirumangalam, Chennai – 600 101. ... Respondents
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India seeking for a writ of mandamus directing the 2nd respondent to provide free electricity service with the capacity of 5 HP Power consumption for agricultural purpose to the petitioner's application Number 0901012846/ VWC091IA1S50 dated 18.10.2012 with receipt number 2848986 having the petitioner;s seniority position as 183 as on 18.10.2012 on the records of the 2nd respondent herein.
For Petitioner : Ms.V.Preetha For Respondents : Mr.M.Varun Kumar (R1, R2 & R4) Mr.Roofas Abraham, Government Advocate (R3)
O R D E R
Heard Ms.V.Preetha, learned counsel appearing for the petitioner, Mr.M.Varun Kumar, learned counsel accepting notice on behalf of the respondents 1, 2 & 4 and Mr.Roofas Abraham, learned Government Advocate accepting notice on behalf of the 3rd respondent. By consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.
2.The petitioner has filed this writ petition for issuance of a writ of mandamus to direct the 2nd respondent to provide free electricity service based on his application dated 18.10.2012, which has been registered as No.183.
3.According to the petitioner, he has applied for free agricultural electricity supply and though his name was registered in 2012, till date he has not been favoured with the electricity connection. It is not the case of the petitioner that some other person, who is below him in the seniority has been granted electricity supply, but his case is that he should be granted supply. However, free agricultural electricity service connection would be granted based on the list maintained by the 2nd respondent. However, if the petitioner has any grievance, he has to first approach the 2nd respondent by way of a representation and thereafter, if he has any grievance, he has to approach the appropriate forum. The petitioner having not made any representation before filing this Writ Petition with a prayer for issuance of writ of mandamus, no relief can be granted in this matter. However, liberty is granted to the petitioner to submit a representation to the 2nd respondent along with a copy of this order, which shall be considered by the 2nd respondent within a period of eight weeks from the date of receipt of the representation from the petitioner.
4.Accordingly, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
va
To
3 issues framed by the court
Whether a writ of mandamus can be issued for the supply of free agricultural electricity without first exhausting the remedy of representation.
Whether the petitioner can be granted electricity connection based on seniority without pending resolution of representation.
Whether liberty to file a representation is granted before final disposal of the writ petition.
1 provisions across 1 enactments
V. Muthu
Tamil Nadu Electricity Board
The Executive Engineer (O & M), Cuddalore Electricity Distribution Circle
The Village Administrative Officer, Poolambadi Village
The Managing Director, TAHDCO
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
