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2026 Supreme(Online)(Mad) 19732
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
M.Palaniappan – Appellant
Versus
The Superintending Engineer, (tangedco) – Respondent
Writ Petition | No. 20549 of 2024
For the Appellants/Petitioners: Mr.Ma.Pa.Thangavel for Mr.M.Lokesh
For the Respondents: Mr.S.Kalaiselvan, for R1 To R5 No Appearance for R-6, 7, 9 & 10
Objections by private parties cannot impede lawful requests for agricultural electricity connections per established Supply Code protocols.
Headnote:This judgment addresses the challenge against the impugned order dated 27.05.2024 concerning the denial of an agricultural free electricity connection to the petitioner seeking relief under Article 226 of the Constitution. The court finds that the officials failed to adhere to the procedural requirements outlined in the Supply Code, thus necessitating reconsideration of the petitioner's representation with a direction to decide within twelve weeks. The court establishes that objections raised by private parties cannot obstruct the justified process for service connections pursuant to the established codes. Accordingly, the petition is disposed of with a directive for compliance and no order as to costs.
| Table of Content |
|---|
| 1. challenge to an administration order concerning service connection. (Para 1 , 2) |
| 2. grounds for application and procedural rights. (Para 3 , 4) |
| 3. obligations of officials under supply code. (Para 5) |
| 4. outcome of the petition with directives. (Para 6) |
ORDER
The Impugned Order in Ka.No.A.E/Operation and Maintenance/Jedarpalayam/Ko-Kattu/No.056-24.25 dated 27.05.2024 passed by the fifth respondent, is put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to the respondents 1 to 5, immediately to effect the service connection to him under the Agricultural free scheme for SF No.266/2,in Jamin Ellampalli Village,Paramathy Velur Taluk,Namakkal District.
2. Heard the learned counsels appearing on either side.
3. It is the case of the petitioner that the petitioner purchased the subject property from his vendor in the year 2004, where his vendor had applied for agricultural fee service connection of 5-HP for open well situated in the said property on 30.07.1986. The second respondent on 14.10.2009 requested to register the readiness with directions for any change in the owner’s name and sub divisions if any, for which the petitioner submitted a letter dated 29.11.2010 along with documents and subsequently, poles were erected by the third respondent for service connection. While so, the fourth respondent transferred the application of the petitioner to the fifth respondent intimating about not feasibility of giving connection on 30.06.2023. Thereafter, the petitioner sent representation to the respondents on 20.05.2024, for which the present impugned order has been passed by the fifth respondent, stating that the petitioner’s request for service connection was rejected on the ground of objection raised by the private respondents. Challenging the same, the present Writ Petition.
4. The learned counsel for the petitioner submitted that whenever an application is made for agricultural free electricity connection, it is the duty cast upon the official respondents to provide the same in terms of Supply Code and the same cannot be rejected merely on the ground of objection made by any private parties, as the same is unsustainable. He further submitted that this Court may issue a direction to the official respondents to effect service connection to the petitioner as per the procedure of Supply Code.
5. On perusal of the case reveals that the petitioner has applied for agricultural free electricity service connection to his open well as per the procedure but the same was rejected on the ground of some objections raised by the private respondents, which cannot be acceptable. The respondents ought to have followed the Supply Code so as to provide service connection to the petitioner as rightly contended by the learned counsel for the petitioner. In view of the same, the official respondents are directed to consider the representation of the petitioner dated 20.05.2024 in regard to agricultural free electricity service connection and to pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
