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2021 Supreme(Mad) 2405

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
K. Murugesan (Deceased) & Another – Appellant
Versus
The Superintending Engineer, TANGEDCO, Chengalpattu & Others – Respondents
W.P. No. 24741 of 2013
Decided on : 17-11-2021

Advocates:
Advocate Appeared:
For the Appellant :D. Murthy, Advocate.
For the Respondents: L. Jai Venkatesh, Standing Counsel.

Headnote:

Constitution of India, 1950 - Article 226 - Agricultural lands - Restoration of Agricultural Electricity Service - Restoration of Agricultural Electricity Service Connection already provided to petitioner – Challenged – 1st petitioner states that he is owning 82 cents of agricultural lands and provided with electricity service connection in SC to carry on agricultural activities at free of cost - Respondents disconnected electricity service connection on ground that petitioner has utilized agricultural electricity connection for residential house, which is situated adjacent to agricultural land and accordingly, connection was disconnected - Held, As per terms and conditions of scheme, the said connection cannot be utilized for residential or any other purposes - Writ petition was filed in year 2013, seven and half years lapsed. Under these circumstances, authorities competent shall conduct inspection and take appropriate decision with reference to the agricultural electricity service connection provided to the writ petitioner - Respondent/Board authorities are empowered to conduct inspections and find out, whether the agricultural electricity service connections are utilized for the purposes to which, it was granted. If any change of classification or otherwise, they are empowered to disconnect the electricity connection provided for agricultural purposes at free of cost - Writ petition disposed of.

JUDGMENT :

(Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Ka.No.JE/Sub-Station./Kilanur/Va.a./Ko.Vi.Mi./A.No. 114/2013 dated 04.02.2013 on the file of the 4th respondent herein and to quash the same and consequently directing the respondents to restore the service connection in SC No. 553-007430 and to shift the same from Survey No. 9/13 (Old Survey No.7/8) to Survey No. 16/3, situated at Ammandur Village, Thiruvallur Taluk and District.)

1. The order impugned dated 04.02.2013, rejecting the claim of the writ petitioner for restoration of Agricultural Electricity Service Connection already provided to the petitioner is under challenge in the present writ petition.

2. The original petitioner is Mr.K.Murugesan, who filed the writ petition died during the pendency of the writ petition and the legal heir is impleaded.

3. The 1st petitioner states that he is owning 82 cents of agricultural lands and provided with the electricity service connection in SC No.553-007-430 to carry on the agricultural activities at free of cost. The respondents disconnected the electricity service connection on ground that the petitioner has utilized the agricultural electricity connection for residential house, which is situated adjacent to the agricultural land and accordingly, the connection was disconnected.

4. It is needless to state that the agricultural electricity service connections are provided at free of cost by the Government only for the purpose of utilizing the electricity service connection for agricultural purposes. Thus, as per the terms and conditions of the scheme, the said connection cannot be utilized for residential or any other purposes. The electricity service connection was disconnected on account of change of classification and therefore, the petitioner is constrained to move the present writ petition.

5. The respondent/Board authorities are empowered to conduct inspections and find out, whether the agricultural electricity service connections are utilized for the purposes to which, it was granted. If any change of classification or otherwise, they are empowered to disconnect the electricity connection provided for agricultural purposes at free of cost.

6. The learned counsel for the petitioner states that they are using the electricity connection only for agricultural purposes and not for any other purposes.

7. The writ petition was filed in the year 2013, seven and half years lapsed. Under these circumstances, the authorities competent shall conduct inspection and take appropriate decision with reference to the agricultural electricity service connection provided to the writ petitioner. As far as the impugned order is concerned, this Court do not find any infirmity as such.

8. Accordingly, the writ petition stands disposed of. No costs.

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