Madras High CourtWP/637/2022closed

Prema v. The District Collector

2022-01-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.637 of 2022 Prema

...Petitioner

Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

The Executive Engineer (O&M), Tamil Nadu Electricity Board, Hosur & Taluk, Krishnagiri District.

The Assistant Engineer (O&M), Tamil Nadu Electricity Board, Bagalur, Hosur Taluk, Krishnagiri District.

The Block Development Officer, Hosur & Taluk, Krishnagiri District.

The President, Chennasandram Panchayat Union, Avalapalli Post, Hosur Taluk, Krishnagiri District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 4 desist from providing a power supply for the illegally dug bore well in the petitioner's property, situated at Kemapasandiram village, Avalpalli Post, Hosur and Taluk, Krishnagiri District, comprised in S.No.24/1, to an extent of acre 1.70 cents on the basis of petitioner's representation dated 26.12.2021.

For Petitioner : M/s.R.Thanjan For Respondent R1 : Mrs.C.Sangamithirai Special Government Pleader

For Respondents R2 & R3 : Mr.L.Jaivenkatesh Standing Counsel for TNEB For Respondent R4 : Mr.R.U.Dinesh Rajkumar Additional Government Pleader For Respondent R5 : M/s.E.Indhumathi Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 2 to 4 to consider petitioner's representation dated 26.12.2021 and to forbear the respondents 2 to 4 from providing power supply to the illegally dug bore-well in the petitioner's property.

2. The case of the petitioner is that, she is the owner of the property in Survey No.24/1 situated at Kempasandiram Village, Avalapalli Post, Hosur and Taluk, Krishnagiri District. When the petitioner visited the above said property on 19.04.2021, she was shocked to note that, the 5th respondent has illegally dug a new bore-well in her property and has also applied for electricity service connection before the 2nd and 3rd respondents. Hence, the petitioner sent a legal notice dated 24.04.2021 to the 3rd respondent and endorsed the copies to all the respondents herein, to not provide electricity connection to the bore-well, however, till date no action was taken by the respondents. Therefore, the petitioner sent another detailed representation / objection letter dated 26.12.

2021 to 2nd and 3rd respondents, however, no orders have been passed on the same and the 5th respondent is still trying to get service connection for the above said bore-well. Hence, this Writ Petition is filed seeking for the direction to forbear the respondents 2 to 4 from providing electricity connection to the illegally dug bore-well. 3.Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice if this Court issues direction to the respondents 2 to 4 to consider the petitioner's representation dated 26.12.2021 and also forbear the respondents 2 to 4 from providing electricity supply to the illegally dug bore-well.

4. The learned Special Government Pleader submitted that, based on the representation / objection letter dated 26.12.2021 made by the petitioner and also since the relevant documents were not furnished by the 5th respondent, his application seeking electricity service connection was rejected vide letter dated 12.01.2022. Hence, nothing survives for further adjudication and

she prays that, this Court may dismiss the present writ petition.

5. In view of the aforesaid submissions made by the learned Special Government Pleader that, the 5th respondent's application seeking electricity service connection was already rejected vide letter dated 12.01.2022, nothing survives for further adjudication in the present Writ petition.

6. This writ petition is accordingly closed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar skt To