P DURAISAMY Vs. EXECUTIVE ENGINEER TIRUPUR DISTRICT

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Certiorarified Mandamus, calling for the records of the third respondent in and by his Letter No.AE/O&M/EP.Pudur/Construction Spl.No.235/2010 dated 20.12.2010, and quash the same and consequently directing the respondents 1 to 3 to give agricultural service connection to the petitioner's Well in S.F.No.31/1, Kurukupalayam Village, Kangeyam Taluk, Tirupur District.

(2.) MR.J.Ravindran, learned counsel takes notice on behalf of the respondents 1 to 3. Notice to the fourth respondent was sent privately and has been returned as refused. Considering the nature of order that is to be passed in this matter, further notice to the fourth respondent is dispensed with.

(3.) IN view of the specific provision in the Tamil Nadu Electricity Distribution Code 2004, which is binding on the fourth respondent, who is also a consumer, the reason given by the third respondent contrary to the above rule is bad and accordingly, the impugned order is set aside and the third respondent is directed to effect electricity supply connection to the petitioner subject to the condition that the petitioner satisfies the other requirements as per the Code. The fourth respondent, if he is able to point out in writing any infirmity based on the above said Code for declining the service connection to the petitioner other than the rule referred to above, it is open to him to give such objection in writing to the second or the third respondent so that they can consider the same on merits. The respondents electricity board authorities shall give the fourth respondent, an opportunity in this regard. If no legal objection is forthcoming, the electricity supply connection should be effected as directed above within a period of six weeks from the date of receipt of a copy of this order.