High Court · 2025

W.P.No.36620 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.02.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.36620 of 2024C.Palanisamy.. Petitioner Versus1. The District Collector, Ariyalur, Ariyalur District.2. The Managing Director, Tamil Nadu Backward Classes Economic- Development Corporation Limited, 1/1(1), Mayor Ramanathan Salai (East), Near Gengu Reddy Subway, Egmore, Chennai - 600 008.3. The Superintending Engineer, Operation and Maintenance (O&M), Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), Ariyalur District.4. The Executive Engineer, Operation and Maintenance (O&M),1/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024 Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), No.56, Rajaji Nagar, College Road, Ariyalur District.5. The District Backward Welfare Officer, Ariyalur, Ariyalur District.6. The President, Primary Co-operative Society, Thathanoor P.O, Udaiyarpalayam T.K, Ariyalur District... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus direct the respondent Nos.1 to 5 to provide Agriculture Electrical Motor connection to the petitioner, on the basis of his representation, dated 27.10.2023 within the time framed by this Court.For Petitioner: Ms.A.NethraFor Respondents: Mr.R.Murthi, Government Advocate, for RR-1, 2 and 5: Mr.D.Suresh Kumar, Standing Counsel (E.B),2/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024 for RR-3 and 4: Mr.C.Selvaraj, Additional Government Pleader, for R6ORDERThis Writ Petition is filed for a mandamus directing the respondent Nos.1 to 5 to provide agriculture electrical motor connection to the petitioner on the basis of the representation, dated 27.10.2023 within the time frame as may be fixed by this Court.2. Heard Ms.A.Nethra, learned Counsel for the petitioner and Mr.R.Murthi, learned Government Advocate for the respondent Nos.1, 2 and 5; Mr.D.Suresh Kumar, learned Standing Counsel for the respondent Nos.3 and 4 and Mr.C.Selvaraj, learned Additional Government Pleader for the sixth respondent.3. Ms.A.Nethra, learned Counsel for the petitioner would submit that a 3/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024perusal of the order, dated 21.07.2014 itself would reveal the backwardness and the eligibility of the petitioner including the income criteria. Accordingly, the loan was rightly granted to the petitioner for digging up the bore well. The petitioner also dug the bore well and created the facility. Thereafter, as per the TABCEDCO scheme, preference should be given and a free electricity connection has to be granted to the petitioner. The same is not granted and therefore, the petitioner is before this Court.4. Mr.D.Suresh Kumar, learned Standing Counsel for the respondent Nos.3 and 4 TANGEDCO, relying upon page No.3 of the counter-affidavit, would submit that the scheme very clearly says that a free electricity motor connection service shall be provided only to the applicants who availed the subsidy under the scheme not less than Rs.50,000/-. The petitioner did not avail any subsidiary with the concerned authorities and therefore, he is not eligible to get a recommendation for preferred free electricity connection for the farmers. The concerned clause in the scheme is also extracted in the 4/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024counter-affidavit.5. I have considered the rival submissions made on either and perused the material records of the case.6. The relevant portion of the scheme is extracted hereunder:-",j;jpl;lj;jpd; fPH; tpz;zg;gk; bra;Js;s egh;fspy; jFjpahdth;fSf;F t';fpapy; U:/1.00.000/- (xU ,yl;rk; kl;Lk;) fld; tH';f khtl;lf;FG K:yk; ghpe;Jiu bra;ag;gLk;/ kDjhuh; MHJis fpzW Vw;gLj;jp brhj;J cUthf;fk; bra;j gpwF mjpfgl;rkhf U:/50.000/- Ik;gJ Mapuk; kl;Lk; lhg;brl;nfh K:yk; khdpaj; bjhif tH';fg;gLk;/ gpd;g[ muR xJf;fPL bra;ag;gLk; mog;gilapy; fld; kw;Wk; khdpak; bgw;wth;fSf;F ,ytr kpd; ,izg;g[ tH';fg;ghpe;Jiu bra;ag;gLk;/"7. The scheme, therefore, makes the persons, who have obtained loan as well as subsidy, to be eligible for an electricity connection. In the case of the petitioner, before the 50% subsidiary could be released, it is stated that entire loan itself was waived. Therefore, this is a case where he got 100% benefit from the Government. When the preference is given for those of the 5/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024persons who have got the loan and even got the 50% subsidiary from the Government, the same cannot be read to non-suit the petitioner who got 100% benefit from the Government by way of waiver of the loan itself. Therefore, there is no clause with reference to the waiver of the loan in the scheme. The respondent authorities are the persons who drafted the scheme. Therefore, when the waiver was granted from repaying in entirety, the same cannot be put against the petitioner to refuse the relief to the petitioner. The clause extracted above cannot be read in that manner. The same goes against the very purpose of the scheme.8. The purpose of the TABCEDCO scheme is to enable the backward and poor persons to get facility of digging bore well by obtaining loan and get a free electricity connection on preferential basis. If that be the condition, when the petitioner belongs to Most Backward Class and when his annual income is only Rs.48,000/- and considering the same, when he is included in the scheme and was provided with the loan and the entire loan 6/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024was also waived by the Government, I am of the view that the petitioner is entitled for the relief as prayed for.9. In that view of the matter, this Writ Petition is disposed of on the following terms:-(i) The respondent Nos.1 and 2 shall forward a recommendation/reference to the third respondent directing the third respondent to grant free agriculture electrical motor connection to the petitioner on preferential basis as per the seniority of the petitioner in that preferential category and upon receipt of such recommendation, the respondent Nos.3 and 4 shall effect the connection;(ii) The respondent Nos.1 and 2 shall forward the appropriate recommendation/reference within a period of six weeks from the date of receipt/production of a web-copy without waiting for a certified copy of this order;(iii) The connection shall be effected in accordance with the seniority 7/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024in the particular category. If the petitioner's seniority is already reached, then, the connection shall be connected within a period of six weeks from the date of receipt of recommendation/reference from the respondent Nos.1 and 2;(iv) There shall be no order as to costs.03.02.2025Neutral Citation: yesgrsTo 1. The District Collector, Ariyalur, Ariyalur District.2. The Managing Director, Tamil Nadu Backward Classes Economic- Development Corporation Limited, 1/1(1), Mayor Ramanathan Salai (East), Near Gengu Reddy Subway, Egmore, Chennai - 600 008.3. The Superintending Engineer, Operation and Maintenance (O&M), Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO),8/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024 Ariyalur District.4. The Executive Engineer, Operation and Maintenance (O&M), Tamilnadu Generation and Distribution Corporation Ltd, (TANGEDCO), No.56, Rajaji Nagar, College Road, Ariyalur District.5. The District Backward Welfare Officer, Ariyalur, Ariyalur District.9/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 2024D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.36620 of 202410/11 https://www.mhc.tn.gov.in/judis W.P.No.36620 of 202403.02.2025 11/11