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MADRAS HIGH COURT
ELLAYARAJA, – Appellant
Versus
THE EXECUTIVE ENGINEER, – Respondent
WA 2652 2021
Fact of the Case:
The appellant applied for transfer of agriculture electricity service connection in the name of his deceased father in 1988. The father died, and the appellant reapplied in 2015.
Finding of the Court:
The court held that the appellant's application should be considered as of 2015 and processed accordingly.
Issues: Whether the appellant's application for transfer of electricity service connection should be considered as of 1988 or 2015.
Ratio Decidendi: The court held that the appellant's application should be considered as of 2015 because that is when he reapplied after his father's death.
Final Decision: The court modified the order of the learned Single Judge and directed that the appellant's application be considered as of 2015 and processed accordingly.
WA No.2652 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA No.2652 of 2021
and CMP No.17256 of 2021
Ellayaraja
.. Appellant
-vs-
1. The Executive Engineer,
Operation and Maintenance,
Tamil Nadu Generation and Distribution
Corporation, Kallakurichi,
Villupuram District – 606 201.
2. The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation, Kallakurichi,
Villupuram District – 606 201.
3. The Assistant Engineer,
Tamil Nadu Generation and Distribution
Corporation, Kallakurichi,
Villupuram District – 606 201.
.. Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
the order of the learned Single Judge dated 13.08.2021 passed in
W.P.No.2953 of 2020.
Page 1 of 4
https://www.mhc.tn.gov.in/judis
WA No.2652 of 2021
For the Appellant
:
Mr.Adaikkappan @ Sithirai Anandam
For the Respondents
:
M/s.Daniel Mary
* * * * *
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Adaikappan @ Sithirai Anandam, learned
counsel for the appellant and M/s.Daniel Mary, learned counsel for the
respondents.
2. It is submitted that the decision was taken by the respondents
to consider the application of the appellant for transfer of agriculture
electricity service connection applied in the name of the deceased
father. The same was applied in the year 1988. Subsequently, the
father of the appellant died. Thereafter, the appellant applied on
16.09.2015.
3. The seniority of the application of the appellant shall be
considered as on 16.09.2015 and processed accordingly by the
respondents.
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https://www.mhc.tn.gov.in/judis
WA No.2652 of 2021
4. The order of the learned Single Judge is modified in the above
terms.
The writ appeal is, accordingly, disposed of. There shall be no
order as to costs. Consequently, connected miscellaneous petition is
closed.
(S.V.G., CJ.) (D.B.C., J.)
20.12.2023
Index
: Yes/No
Neutral Citation
: Yes/No
sra
To
1. The Executive Engineer,
Operation and Maintenance,
Tamil Nadu Generation and Distribution
Corporation, Kallakurichi,
Villupuram District – 606 201.
2. The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation, Kallakurichi,
Villupuram District – 606 201.
3. The Assistant Engineer,
Tamil Nadu Generation and Distribution Corporation,
Kallakurichi, Villupuram District – 606 201.
Page 3 of 4
https://www.mhc.tn.gov.in/judis
WA No.2652 of 2021
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sra)
WA No.2652 of 2021
20.12.2023
Page 4 of 4
https://www.mhc.tn.gov.in/judis
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