1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2011 Coram: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.4360 of 2011 Karuppiah : Petitioner Vs. 1. The Executive Engineer (Distribution) TNEB, Aranthangi Pudukkottai District 2. The Executive Engineer ( O/M) TNEB Aranthangi Pudukkottai District 3. The Assistant Engineer TNEB Vallathirakottai Aranthangi Pudukkottai District : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to provide agricultural electricity connection to the petitioner's well situated in Survey No. 571/4 at Vennavalkudi, Alangudi Taluk, Pudukkottai District. For Petitioner : Mr.J.Anand Kumar For Respondents : Mr.M.Suresh Kumar O R D E R Mr.M.Suresh Kumar, learned counsel takes notice for the respondents. By mutual consent of both sides, the Writ Petition is taken up for final disposal. 2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus directing the respondents to provide agricultural electricity connection to the petitioner's well situated in Survey No. 571/4 at Vennavalkudi, Alangudi Taluk, Pudukkottai District. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the property in S.No. 571/4, Vennavalkudi Village. According to him, the patta for the said land was also issued in his favour and he has been paying the necessary charges for the aforesaid land. He would further submit that the petitioner is in possession and enjoyment of the land without any interference. He would also submit that the petitioner has applied for the agricultural service connection from the respondents, on 29.12.1997. Though it was made in the year 1997, there was no communication from the respondents. He would further submit that in the proceedings of the first respondent, dated 09.08.2010, he was directed to deposit a sum of Rs.10,000/- to get service connection in the speedy manner. He was not able to deposit the amount and he waited for his seniority in the free scheme and on 01.11.2010, the second respondent sent a communication directing the petitioner to present before the Section Officer for production of necessary documents for getting free connection. Accordingly, he did so. He showed his readiness to avail the service connection on or before 03.12.2010. He would further submit that all the necessary documents such as his application and patta and other relevant documents were produced. However, the respondents have not given service connection so far. 4. While so, there was a disturbance over the entire properties by the co-parceners and hence, he has filed a suit in O.S.No. 93 of 2009 and the interim injunction was granted in his favour, but the same was not extended in respect of S.No. 571/4 on the ground that there was no agricultural activity in the said S.No. As against the same, he has filed a Civil Miscellaneous Appeal before the District Court, Pudukkottai and the same is pending. In the said circumstances, he has filed the present Writ Petition. 5. When the matter came up for admission, the learned counsel appearing for the Electricity Board would submit that since the turn came as per the seniority, he was offered electricity connection under free scheme and a direction could be issued to give service connection, but with a condition that giving of the service connection would not improve the title of the petitioner in the suit property. 6. I am also of the view that the petitioner is in possession of the property and he has also owned a Well and has made all arrangements for electricity service connection. Hence, the petitioner is entitled to agricultural service connection pending disposal of the suit. If he lost in the suit in respect of S.No. 571/4, the matter relating to service connection could be decided by the Electricity Board accordingly. He applied for agricultural service connection in the year 1997 and the respondents also intimated the petitioner that they are willing to provide electricity connection. Therefore, a direction is issued to the respondents/Electricity Board to provide agricultural service connection subject to the aforesaid conditions. https://hcservices.ecourts.gov.in/hcservices/ 3 In the above terms, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1. The Executive Engineer (Distribution) TNEB, Aranthangi Pudukkottai District 2. The Executive Engineer ( O/M) TNEB Aranthangi Pudukkottai District 3. The Assistant Engineer TNEB Vallathirakottai Aranthangi Pudukkottai District W.P.(MD).No.4360 of 2011 12.04.2011 vsg NSV/5.5.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/