1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD).No.6711 of 2011 and M.P.(MD) No. 1 of 2011 M.Veeramani Petitioner Vs. 1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly known as Tamil Nadu Electricity Board) Thanjavur. 2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly known as Tamil Nadu Electricity Board) Kumbakonam. Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records from the second respondent relating to the letter order dated 26.05.2011 in Letter No.Se.Po/Ee.Para/Kumba/Tho.Nu.Uu.Ko- Pukar/A.No.04/2011, quash the same and consequently direct the Respondents to give power connection to the land of the petitioner at Survey No.113/3, Thiruvaiyathukudi Village, Papanasam - T.K., Thanjavour - District under the Special Scheme without any delay and within a period as may be fixed by this Hon'ble Court. For Petitioner Mr.S.Arunachalam For Respondents Mr.M.Suresh Kumar ORDER This writ petition has been filed challenging the letter dated 26.05.2011 in Letter No. Se.Po/Ee.Para/Kumba/Tho.Nu.Uu.Ko- Pukar/A.No.04/2011 and consequently direct the respondents to give power connection to the petitioner's land at Survey No.113/3, Thiruvaiyathukudi Village, Papanasam Taluk, Thanjavur District under the Special Scheme. 2. The only ground of attack made by the petitioner is that he has applied for service connection for agriculture purpose. He has got requisite seniority and he is also eligible to get the service connection. But, the Electricity Board has wrongly construed the order in his favour citing as if the Civil Suit is pending and rejected the very application. Therefore, he has come forward with https://hcservices.ecourts.gov.in/hcservices/ 2 this writ petition. 3. On notice, the learned counsel appearing for the respondents would fairly submit that the petitioner has got the seniority to get the service connection and he is also eligible to get service connection for agricultural purpose. But, while construing the decree made in O.S.No.45 of 2001, the respondents have wrongly construed this as that of one against the petitioner. In fact, the suit itself was filed by the petitioner as against the third party including the Electricity Board. This vital fact has not been properly construed. 4. Heard both parties. By consent of both parties, the main writ petition itself is taken up for final disposal. 5. Taking into consideration the fair submission made by the learned counsel for the respondent and looking into the fact that the order impugned is not in accordance with the Civil Court's direction, the rejection made only on the ground that as if the injunction was granted as against the petitioner, is not correct and the impugned order is set aside and the respondent Board is directed to give necessary electricity service connection, if the petitioner is eligible, in accordance with law and as per seniority. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Superintending Engineer, Thanjavur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly known as Tamil Nadu Electricity Board) Thanjavur. 2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly known as Tamil Nadu Electricity Board) Kumbakonam. Order made in Writ Petition (MD).No.6711 of 2011 srm/SMA/12.7.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/