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2022 Supreme(Online)(MAD) 25915

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.09.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22706 of 2022 G.Balakrishnanl ..Petitioner Vs

1.The Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Seithur, Rajapalayam Taluk, Virudhunagar District.

2.The Assistant Engineer, (Maintenance and Operation), Tamil Nadu Generation and Distribution Corporation Limited, Thalavaipuram, Rajapalayam Taluk, Virudhunagar District.

3.Kathiresan ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first responent to provide the electricity connection to the well situated in S.No.207/28, Kovilur Village, Rajapalayam Taluk, Virudhunagar District under Fast Track(Tatkal) Self Financing Scheme, based on his application dated 17.09.2022 within the time stipulated by this Court.

For Petitioner :Mr.M.Jothi Basu For Respondents:Mr.S.Deenadhayalan

1 and 2 Standing Counsel For Respondent-3:Mr.A.Balaji

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the first responent to provide the electricity connection to the well situated in S.No.207/28, Kovilur Village, Rajapalayam Taluk, Virudhunagar District under Fast Track(Tatkal) Self Financing Scheme, based on his application dated 17.09.2022 within the time stipulated by this Court.

2.Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents 1 and 2 and Mr.A.Balaji, learned counsel takes notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the petitioner is the owner of the property in S.Nos.207/19, 277/42, 207/31 and 207/34 situated at Kovilur Village, Rajapalayam Taluk, Virudhunagar District and the same is a nanja land.The said properties were purchased from the erstwhile owners through sale deed in Document Nos. 118/1989 and 948/1993 registered before the Sub-Registrar, Seithur Registrar Office, Virudhunagar Registration District.There is a common well situated in S.No.207/28.The other co-owners namely Ayyasamy, Petchiammal and Kathiresan/third respondent have got right over the same to derive water from the well.The Petitioner has used diesel motor pump to take water from the said well. Therefore he had registered his name before the Electricity Board for service connection. In the year 2020-21, the Tamil Nadu Government has introduced Fast Track(Tatkal)Self Financing Scheme to receive electricity connection on payment of cost of Rs. 2,50,000/- and hence the Petitioner had made an application under the said scheme on 16.10.2020 before the first respondent. One Kathiresan is the owner of adjacent land in S.No.207/28 and the Petitioner's wife entered into a sale agreement with the said B.Thangeswari for the purchase of land in S.No.207/29 and there is half right in the well in S.No. 207/28. On 21.10.2020, the Petitioner has submitted an appliation to the first respondent with necessary documents such as Indemnity Bond and the same was returned for want of consent letter from the co owners. Thereafter electicity connection was provided to the Petitioner. While so the third respondent who did not like the electicity connection filed writ petition after writ Petition and as a result of which the electiricity connection was cancelled by the electricity authorities. Hence the Petitioner has filed this Writ Petition for the relief stated supra.

4.The petitioner has filed this Writ Petition stating that he has got ¼ th share in the common well and he should be permitted to have the electricity connection. The authorities are ready and willing to give elecricity connection which would be change over to the other and the third respondent has also no objection for giving electricity connection as the water in the well is very meagre and they have to share the same.

5.However, this Court is of the view that there is a system in utilizing the water from the well and there is a consensus in this regard and they can use the water equally ie., one person can take water on a day and the other person can take the water on the other day or otherwise, the Petitioner and other co owners can use the water equally on a day and this is the mode of usage suggested by the Court and the parties can chose the best among this.

6.In view of the above, this Court directs the respondents to pass appropriate orders on the application made by the Petitioner on 16.10.2020 seeking electricity connection to the well situated in S.No. 207/28, Kovilur Village, Rajapalayam Taluk, Virudhunagar District under Fast Track(Tatkal) Self Financing Scheme, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the writ Petition stands disposed of.

8.A perusal of the typed-set of papers would reveal that the Petitioner has submitted his representation on 17.09.2022 and filed this Writ Petition on 23.9.202

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