K.Kandasamy Vs The Executive Engineer

The Executive Engineer (O and M) Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Pa.Velur-638 182, Namakkal District.

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2.The Assistant Engineer, (O And M) Rural, Tamil Nadu Generation And Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Valaiyapatti Road, Kabilarmalai, Namakkal District.

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Respondent(s)

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PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings No.EE/O&M/Pa.Vae/Va.Uu (Kambi)/Ka.V.V.Rathu/No.1192/16 dated 31.05.2016 and quash the same and consequently, directing the respondents to give electricity agricultural service connection to the petitioner's well situat ed in S.No.16/8, Periyasolipalayam Village, Paramathivelur Taluk, Namakkal District.

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

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For Petitioner(s): Mr.Prakasam C. For Respondent: Mr.S.Kalaiselvan Standing Counsel RR1 to 2

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ORDER

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This petition has been filed seeking to quash the impugned order passed by the first respondent in his proceedings dated 31.05.2016 and consequently, directing the respondents to give electricity agricultural service connection to the petitioner's well situated in S.No.16/8, Periyasolipalayam Village, Paramathivelur Taluk, Namakkal District.

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It is the case of the petitioner that he is an agriculturist and he owns an agricultural lands in S.Nos.16/2, 16/3, 16/6, 16/8 and 17/2 Periyasolipalayam Vilalge, Paramathivelur Taluk, Namakkal District to the extent of 3.67 acres. In the said land, there is common well is situated in S.No.16/8. When the petitioner's father was alive, he made application before the first respondent for getting agricultural service connection on 04.01.1995 and the same was registered on 04.01.1995. After submitting such application, the petitioner's father died on 10.11.1997. The respondents have not given effect service connection to the Well. When enquired with the respondents, they informed that they already sent communication to his father's name on 30.10.2010 and 10.04.2012 for asking to submit the readiness certificate for enabling them to

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

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give service connection, since the petitioner's father expired in the year 1997 itself. Thereafter, the petitioner made a representation for giving service connection in his name for the Well, but the first respondent herein passed orders on 11.09.2018 whereby informing that his father's seniority has been cancelled on 31.05.2016 on that ground that he did not furnish the readiness certificate in the year 2010 and 2012 and also assigned reason that readiness not furnished within five years from the date of communication issued by the respondents and therefore, seniority was cancelled. Challenging the same, the present writ petition has been filed.

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The learned counsel for the petitioner submitted that admittedly the petitioner's father made a representation in the year 1995 for getting free electricity connection and he died in the year 1997. After his death, the respondent issued a notice to the deceased person and the same was not intimated to the legal heirs of the deceased. Therefore, they have not approached with the respondents for production of readiness certificate. There is no fault on the petitioner and he is willing to give readiness certificate. The petitioner is entitled to get service connection on his father's application seniority.

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The learned Standing Counsel appearing for the respondents submitted that the petitioner has not produced the readiness certificate for the period of five

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years. Hence, the respondent has rightly passed the impugned order, which does not warrant any interference.

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Heard the learned counsel for both side and perused the materials available on record.

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Admittedly, the petitioner's father made application for getting free electricity connection for his well situated in his land in the year 1995. The petitioner stated that his father died in the year 1997. Whereas the petitioner approached the respondents in the year 2017 and the petitioner is knowing very well that his father made application with the respondents. There is no proper explanation for not approaching the authorities immediately after death of his father for renewal of the application or for substituting his name in the application. In the absence of any proper explanation, the impugned order has been rightly passed by the respondents and the writ petition is liable to be dismissed.

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In view of the above, the writ petition fails and the same is dismissed.

No costs.

10-11-2025

Rli

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

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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To

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1.The Executive Engineer (O and M) Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Pa.Velur-638 182, Namakkal District.

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2.The Assistamt Emgomeer (o And M) Rural, Tamil Nadu Generation And Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Valaiyapatti Road, Kabilarmalai, Namakkal District.

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

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M.DHANDAPANI J. rli

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WP NO. 21877 OF 2019

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10-11-2025

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