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Madras High CourtWP/1058/2021disposed of

Smt.Latha v. The Chief Engineer

2024-03-20Honourable Mrs Justice J. Nisha Banu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.No.1058 of 2021 and WMP.No.1167 of 2021 Latha ... Petitioner vs.

1.The Chief Engineer, TANGEDCO, Pondy Road, Villupuram, Villupuram District.

2.The Superintendent Engineer, TANGEDCO, Vengikal, Tiruvannamalai, Tiruvannamalai District.

3.The Assistant Engineer (Operation and Maintenance), TANGEDCO, Kanchi Village, Chengam Taluk, Tiruvannamalia District.

4.The Junior Engineer (Operation and Maintenance) TANGEDCO, Periyakulam, Chengam Taluk, Tiruvannamalia District.

5.N.Gurusamy

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the official respondents 1 to 4 to consider the various representations / reply submitted by the petitioner on 1/6

15.12.2020 and 24.12.2020 and consequently forbear the respondents 1 to 4 from disconnecting the existing agricultural pump set bearing service connection No. 329-003-275 3 HP comprised in survey No.150 / 2 of C-Gengampattu village, Japthikariendal post, chengam Taluk , Tiruvannamalai District.

For Petitioner : Mr.S.Udhayakumar For RR1 to 4 : Mrs.Daniel Mary, Standing Counsel For R-5 : No appearance

O R D E R

Seeking to consider the various representations / reply submitted by the petitioner on 15.12.2020 and 24.12.2020, the petitioner has preferred the present writ petition.

2. According to the learned counsel for the petitioner, the petitioner's father-in-law viz., Krishnasamy, had submitted an application for getting agricultural pumpset service connection for the property located at S.F.No.150/2 of C-Gengampattu Village, Japthikariendal Post, Chengam Taluk, Tiruvannamalai District and the same was sanctioned in the year 1993. Meanwhile, on 25.10.2012, the said Krishnasamy had executed a registered Will by bequeathing some of his properties in 2/6

favour of the petitioner, including the above said 3HP agricultural pumpset Service Connection. In the year 2015, after the demise of Krishnasamy, the petitioner has obtained name transfer of electricity connection in her favour.

3. The main grievance of the petitioner is that, all of a sudden, the 5th respondent, who had already purchased some properties from her father-in-law/Krishnasamy, by claiming right over the above said 3HP agricultural pumpset Service Connection, which was in possession of the petitioner herein, made a representation before the 4th respondent in a fraudulent manner.

4. Aggrieved against the same, the petitioner had sent a detailed reply to the aforesaid representation made by the 5th respondent. She also sent a detailed representation on 15.12.2020 to the 2nd respondent, stating that the 5th respondent is not entitled for seeking the subject service connection. Moreover, she had also sent another detailed reply/representation to the Executive Engineer on 24.12.2020. Since, the above said representations/replies were not considered till date, the petitioner has preferred the present writ petition. 3/6

5. Heard the submissions made by the learned counsel for the petitioner and the learned standing counsel appearing on behalf of the respondents 1 to 4.

6. Considering the limited scope of prayer sought for in this writ petition and without going into the merits of the matter, the respondents 1 to 4 are directed to consider the representations /reply of the petitioner dated 15.12.2020 and 24.12.2020, after affording opportunity to the 5th respondent to raise his objections, if any and thereafter pass orders on merits and in accordance with law, within a period of four(04) weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous petition is closed. 20.03.2024 sk To:

1.The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Tamil Nadu Generation and Distribution 4/6

Corporation Ltd., (TANGEDCO) Dharmapuri 5.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), (O and M) Kadathur, Pappireddipatti Taluk, Dharmapuri District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), (O and M)/North, Kadathur, Pappireddipatti Taluk, Dharmapuri District. 635 303.

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J.NISHA BANU, J.

sk 20.03.2024 6/6