Mohd. Sami v. T.S. Northern Power Distribution Company Limited,
HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.33969 OF 2016 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of respondents 2 and 3 in not considering the representations of the petitioner dated 10.03.2016 and 21.03.2016 as illegal and arbitrary. 2.
Heard the learned counsel for the petitioner and Sri R.Vinod Reddy, the learned Standing Counsel for T.S.N.P.D.C.L., representing the respondents 1 to 3 and Smt.M.Bhagyasri, learned counsel representing the fourth respondent.
3.
It is the case of the petitioner that the respondents 1 to 3 are intending to give power supply to the fifth respondent's house proposed to be constructed. It is the further case of the petitioner that the fifth respondent is making constructions without obtaining necessary sanction from the fourth respondent municipal corporation. Various queries raised by the learned counsel for the petitioner involves complexity of disputed questions of fact, which cannot be gone into while exercising the jurisdiction under Article 226 of the Constitution of India. The fact remains that the petitioner herein made representations to the respondents 2 and 3 on 10.03.2016 and 21.03.2016. For one reason or the other, the respondents 2 and 3 have not disposed of the representations of the petitioner. 5.
At the time of arguments, the only relief sought by the petitioner is to direct the respondents 2 and 3 to consider the
representations of the petitioner dated 10.03.2016 and 21.03.2016. Learned Standing Counsel for respondents 1 to 3 also consented for the same.
6.
In view of the submissions made by both the counsel, this Court is not inclined to go into the merits of the main case. 7.
Having regard to the facts and circumstances of the case and also the submissions made by both the counsel, respondents 2 and 3 are hereby directed to dispose of the representations of the petitioner dated 10.03.2016 and 21.03.2016 as expeditiously as possible, preferably, within a period of two months from the date of receipt of copy of this order after affording a reasonable opportunity to the petitioner as well as the fifth respondent. 8.
With the above direction, the writ petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.
_______________________ T.SUNIL CHOWDARY, J 30.09.2016 Rns.