M/S.Paramasivam Palanisamy Charitable Trust v. The Assistant Engineer
2024:MHC:938
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.1749 of 2024 M/s.Paramasivam Palanisamy Charitable Trust, Rep. By its Chairman Mr.K.Paramasivam, No.119,Bhavani Road, Erode - 638 004.
.. Petitioner vs 1.The Assistant Engineer, TANGEDCO, Arasur CEDC/South Coimbatore.
2.The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle South, Coimbatore.
3.Kovai Medical Centre and Hospital Limited, Rep. By its Director 99, Avinashi Road, Coimbatore - 641 014.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 2nd Respondent to consider the Petitioner's representation dated 16.11.2023 and pass appropriate orders within a time frame fixed by this Court. 1/4
For Petitioner :
Mr.P.J.Sri Ganesh For Respondents :
Mr.L.Jai Venkatesh (for R1 and R2) Standing Counsel Mr.Sharath Chandran (for R3)
O R D E R
Read this order in continuation of and in conjunction with order dated 29.01.2024 that reads as follows:- "Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for R1 and R2 and Mr.Sharath Chandran, learned counsel accepts notice for R3. They seek some time to obtain instructions and file counters.
2. The transfer application filed by R3 for change of name has been directed to be considered and disposed within a period of eight weeks by this Court vide order dated 28.12.2023 in W.P.No.36393 of 2023.
3. The present petitioner is aggrieved by the fact that his security deposit is still with the electricity department. The property in relation to which electricity connection relates has been purchased by R3 in auction.
4. All learned counsel before me would agree on the position that R3 being the successful auction purchaser is entitled to the change of name of connection as ordered on 28.12.2023 and must make a deposit separately in that regard. Separately, the present petitioner is also entitled to refund of his security deposit.
5. Hence, it is appropriate for the parties to resolve the matter amicably in accordance with the observations as aforesaid.
6. List on 26.02.2024 at the end of admission list in the hope that the matter would have been 2/4
resolved by then."
2.Today, Mr.L.Jai Venkatesh, learned Standing Counsel for R1 and R2 would confirm that an order dated 21.02.2024 has been passed by R1 by disposing the petitioner's representation dated 16.11.2023. 3.With this, the prayer of the petitioner for a mandamus directing R2 to consider the representation stands achieved. 4.Recording this, this writ petition is closed. Needless to say, liberty is always available to the petitioner to challenge order dated 21.02.2024 in a manner known to law. No costs. Connected miscellaneous petition is closed.
26.02.2024 Index:Yes/No Speaking order vs To 1.The Assistant Engineer, TANGEDCO, Arasur CEDC/South Coimbatore.
2.The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle South, Coimbatore.
DR. ANITA SUMANTH,J.
vs 3/4
and W.M.P.No.1749 of 2024 26.02.2024 4/4