Disposed

A.Duraisamy v. The Electricity Ombudsman

Madras HC12 Aug 2024WP/10780/2021

Case brief

AI extract

What is this about?

Petitioner challenged the Electricity Ombudsman's order refusing electricity service connection for his open well/bore well in Erode District. Counsel sought only permission to make a fresh application. The court disposed of the writ petition without disturbing the impugned order, permitting a fresh application.

What did the court decide?

Permission to make a fresh application for electricity service connection; authority to consider and decide expeditiously.

A.Duraisamy Vs The Electricity Ombudsman — Writ and Judicial Review | Madras HC (2024)

¶1

W.P.No.10780 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 12.08.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

¶6

W.P.No.10780 of 2021 and

¶7

W.M.P.No.11410 of 2021

A.Duraisamy

... Petitioner

Vs.

The Electricity Ombudsman, Tamil Nadu Electricity Ombudsman, 19-A, Rukmani Lakshmipathy Salai, TIDCO Complex, Marshal Road, Egmore,

¶12

Chennai-600 008.

¶13

2.The Chairman,

¶14

Electricity Consumer Grievance Redressal Forum,

¶15

Erode Electricity Distribution Circle,

¶16

Tamil Nadu Electricity Generation and Distribution Corporation, 948, EVN Road,

¶17

Erode-638 009.

¶18

3.The Executive Engineer (South),

¶19

Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, 949, EVN Road,

¶20

Erode-638 009.

¶21

Page 1 of 6

¶22

https://www.mhc.tn.gov.in/judis

¶23

W.P.No.10780 of 2021

¶24

4.The Assistant Executive Engineer (O &M), Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, No.16, Vellingiri Pudur, Vadugapatti, Arachalur, Erode-638 101.

¶25

5.The Assistant Executive Engineer (O &M) (Town/Arachalur), Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, No.206, Chennimalai Road, Vellingiri Pudur, Arachalur, Erode-638 101. ... Respondents

¶26

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order on the file of the first respondent dated 05.12.2019 in Appeal Petition No.17 of 2019 by confirming the order of the second respondent dated 08.01.2019 in Petition No.031 of 2018 and quash the same and to consequently direct the respondents to forthwith provide electricity service connection for the open well/bore well situated at the land comprised in R.S.No.1345, Vadugapatti Village, Erode District, after considering the representation of the petitioner dated 03.04.2021 in accordance with law and on merits within a stipulated time frame fixed by this Court.

¶27

_________ Page 2 of 6

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.No.10780 of 2021

¶30

For Petitioner : Mr.C.E.Pratap For Respondents : Mr.I.Syed Sibghatulla (TNEB)

¶31

O R D E R

¶32

This Writ Petition has been filed challenging the order passed by the first respondent dated 05.12.2019 in Appeal Petition No.17 of 2019 confirming the order of the second respondent dated 08.01.2019 passed in Petition No.031 of 2018 and for a consequential direction to the respondents to forthwith provide electricity service connection for the open well/bore well situated at the land comprised in R.S.No.1345, Vadugapatti Village, Erode District, after considering the representation of the petitioner dated 03.04.2021 in accordance with law and on merits within a time fixed by this Court.

¶33

When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that this Court, without going into the merits of the case, may permit the petitioner to make a fresh application before the concerned Authority for getting electricity service connection in

¶34

_________ Page 3 of 6

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.No.10780 of 2021

¶37

the manner known to law.

¶38

In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order dated 05.12.2019 passed by the first respondent, permits the petitioner to make a fresh application before the concerned Authority for getting electricity service connection in accordance with law and on such application being made by the petitioner, the concerned Authority shall consider the same and pass appropriate orders as expeditiously as possible.

¶39

Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

¶40

12.08.2024

¶41

NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

¶42

_________ Page 4 of 6

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.No.10780 of 2021

¶45

¶46

The Electricity Ombudsman, Tamil Nadu Electricity Ombudsman, 19-A, Rukmani Lakshmipathy Salai, TIDCO Complex, Marshal Road, Egmore, Chennai-600 008.

¶47

2.The Chairman, Electricity Consumer Grievance Redressal Forum, Erode Electricity Distribution Circle,

¶48

Tamil Nadu Electricity Generation and Distribution Corporation, 948, EVN Road,

¶49

Erode-638 009.

¶50

3.The Executive Engineer (South), Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, 949, EVN Road, Erode-638 009.

¶51

4.The Assistant Executive Engineer (O &M), Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, No.16, Vellingiri Pudur, Vadugapatti, Arachalur, Erode-638 101.

¶52

5.The Assistant Executive Engineer (O &M) (Town/Arachalur), Erode Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, No.206, Chennimalai Road, Vellingiri Pudur, Arachalur, Erode-638 101.

¶53

Page 5 of 6

¶54

https://www.mhc.tn.gov.in/judis

W.P.No.10780 of 2021

M.DHANDAPANI, J.

ssb

W.P.No.10780 of 2021

¶59

12.08.2024

¶60

_________ Page 6 of 6

¶61

https://www.mhc.tn.gov.in/judis

A.Duraisamy v. The Electricity Ombudsman

Case brief

What is this about?

What did the court decide?

A.Duraisamy v. The Electricity Ombudsman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S.Bnr Infrastructure Projects (P) Ltd., Vs Tamilnadu Urban Habitat Development Board(Tnudb)

M.Sagadevan Vs S.Venkatesh

M/s.K.Janakiraman Vs Reserve Bank of India

V.R.Saravanan Vs The Principal Chief Engineer

M/S.Sri Ayyappa Modern Rice Vs the Tamilnadu Industrial

M.Subramani Vs the Superintending Engineer