THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.20698 OF 2009 ORDER: This petition is filed seeking a writ of mandamus declaring the inaction of the respondents in providing the domestic electric power connection to the petitioner, as unjust and illegal. 2. Heard both sides. Perused the records. 3. According to the petitioner, he constructed a single bed room house at Sriramsettivanipalem village, Kothavalasa mandal of Vizianagaram District and that on 18.02.2009 he made an application before the 2nd respondent for domestic service connection and that he paid the necessary charges in a sum of Rs.10,800/- on 08.04.2009 as per demand. It is further stated that he has deposited a sum of Rs.1,82,155/- by way of demand draft towards service line charges besides security deposit of Rs.300/-. Respondents erected poles from a nearby transformer for a distance of 2.1 km and completed wiring up to the house of the petitioner by 19.08.2009 and electric meter was also installed. However, the service was not put through and in spite of repeated representations by the petitioner no action was taken by the respondents. 4. Respondents filed counter admitting that the electric poles were erected and lines were also laid but contending that the District Collector directed the respondents to stop the service connection as the line is laid against the connection without permission. It is further stated by the respondents that they approached the Tahsildar on 21.08.2009 and the Tahsildar informed that the poles were laid in the tank bed area of Desapatrunipalem village, which is objectionable and instructed the respondents to dismantle the lines. Respondents addressed a letter to the Tahsildar requesting that a right of way may be arranged for shifting the electric lines to the edge of the tank. A joint inspection was also conducted by the officials of the respondents and the Tahsildar on 03.09.2009 regarding right of way by the side of Komaticheruvu for shifting electric line and it is stated that there was no government land available. Thereafter, respondents addressed a letter, dated 16.09.2009, to the petitioner to arrange right of way for shifting of the lines. 5. Petitioner filed a reply denying that there was any proposal to shift the electric lines to the side of Komaticheruvu and insisting that it is the responsibility of the respondents to obtain a right of way so as to give power supply to the petitioner’s house as he has complied with all the recommendations and paid the amounts as demanded. 6. A perusal of the counter filed by the respondents would disclose that though the respondents intended to provide the supply of power to the petitioner’s house and also taken steps in that regard by erecting the poles and laying the lines and also installed the meter, the service could not be put through only because of the objections raised by the revenue department on the ground that the electric poles were laid across the tank bed area, which is objectionable. The counter filed by the respondents would disclose that efforts were made by the respondents to explore alternative right of way by taking the lines by the side of Komaticheruvu but the same could not fructify as there was no government land available in the vicinity. 7. Learned counsel for the petitioner would however submit that there is a street abutting the house of the petitioner providing extranets, and electric poles can be erected along side the said public way. 8. Learned counsel for the respondents on the other hand would submit that the house of the petitioner is situate in the midst of the agricultural lands where crops are being raised and there is no access to the petitioner’s house from any street or from any village and therefore in the absence of any right of way being shown by the petitioner, it is not possible to provide service connection to the petitioner’s house. 9. Learned counsel for the respondents would further submit that the petitioner has not produced any proceedings of the Panchayat according sanction for the construction of the house nor any sanction plan before the officials of the respondents showing any right of way or access to the petitioner’s house. 10. Learned counsel for the petitioner would submit that sanction plan and approval proceedings issued by the panchayat are available but they are not filed before this Court. 11. This Court by interim order, dated 24.07.2009, directed the respondent authorities to provide power connection to the petitioner’s residential house. It is stated that the said interim order has been complied with. 12. In the circumstances, petitioner is directed to approach the respondent authorities and produce the sanction plan and proceedings of the panchayat, granting permission for construction of the house and also showing the right of way and access to the petitioner’s house through which the electric poles and line can be erected and lines can be laid within a period of four weeks from the date of receipt of a copy of this order and on such representation by the petitioner the respondent authorities shall consider the same and pass appropriate orders within a period of two months from the date of receipt of the representation. Till such time the petitioner’s representation is disposed of, the interim order shall remain in force and the power supply, which was granted pursuant to the interim order shall remain operative. 13. Writ Petition is accordingly disposed of. The miscellaneous petitions filed in this Writ Petition shall also stand disposed of. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 29th February, 2012. Tsy