IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

W.P.NO.20691 OF 2018

AND

W.M.P.NO.24318 OF 2018

H.Parthasarathy

... Petitioner

.Vs.

1. The Executive Engineer (O & M),

TANGEDCO,

Tamil Nadu Electricity Board,

Arakkonam, Vellore District.

2. The Assistant Engineer (O & M),

Nemili West, TANGEDCO,

Tamil Nadu Electricity Board,

Nemili Taluk,

Vellore District.

3. Tmt.Shanthi

... Respondents

PRAYER:-

Writ Petition filed under Article 226 of the Constitution of

India seeking a Writ of Certiorarified Mandamus calling for the

records of the 2nd respondent in Lr.No.A.E./O&M/West/Nemili/File

Petition/No.77/2018, dated 09.07.2018 and quash the same and

consequently direct the 2nd respondent to restore the

agricultural electricity service connection in S.C.No.203 of

Nemili Village and Taluk, Vellore District to the petitioner's

agricultural property comprised in S.No.227/10B1 and 224A/3.

For Petitioner :

Mr.G.Jeremiah

For Respondents :

Mr.L.Jai Venkatesh

1 & 2

For Respondent 3 :

Mr.M.Ashwin

For M/s.Sarvabhauman Associates

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition has been filed challenging the order

passed by the second respondent to reconnect the disconnected

agricultural service connection in the petitioner's land.

2. The grievance of the petitioner is that, the petitioner

is the owner of the property in S.No.227/10B and 224A/1,

measuring an extent of 0.22 1/2 acres of land situated at Nemili

Village and Taluk. He purchased the said property along with

agricultural service connection bearing S.C.No.203, and there is

also a open well within the property through which, the

petitioner is cultivating coconut, mango, quava etc., he is also

having 5 H.P.motor therein.

3. According to the petitioner, at the instigation of the

third respondent, the second respondent disconnected the service

connection, hence he had requested the second respondent to

reconnect the service connection, that has been rejected on the

ground that, on inspection, it was found there is no well

available in the land and the petitioner is also not doing any

agricultural operations, hence the service connection cannot be

restored. Aggrieved over the same, the petitioner has filed this

writ petition.

4. Mr.G.Jeremiah, the learned counsel appearing for the

petitioner submitted that the petitioner after purchasing the

property is using the agricultural service connection only for

cultivation purpose and without any enquiry his service

connection has been disconnected, for want of service

connection, he was not able to do any agricultural activities.

5. The respondents 1 and 2 have filed counter affidavit

stating that, there is no agricultural activities at the

petitioner's land, hence the third respondent informed them that

the petitioner is not doing any agricultural activity. It is

also stated that the land purchased by the petitioner has been

converted into a house site, now there are three residential

buildings and balance open area of 3600 sq.ft. is only

available, there are six coconut trees, four gauva trees and

rest of the open area have bushes and no cultivation activities

are carried out. It is further stated in the counter that for

agricultural service connection a minimum extent of 40 cents is

required and the petitioner is only having 22.5 cents out of

which, he has constructed building for domestic purpose and

three cent open area is available and hence the petitioner

cannot avail agricultural service connection. The relevant

paragraph in the counter reads as follows:

https://hcservices.ecourts.gov.in/hcservices/

"11. I admit the averments made in para 7 of

the affidavit are true and correct. The 3rd

respondent has given a letter dated 09.07.2018 to

the petitioner the ag