Sivalingam v. Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1535 of 2015 Sivalingam ... Petitioner v.

1. Superintending Engineer, Tamil Nadu Electricity Generation & Distribution Corporation, Capper Hills, Cuddalore Taluk, Cuddalore District.

2. Junior Engineer ( O & M), Tamil Nadu Electricity Generation & Distribution Corporation, Parangipettai, Chidambaram Taluk, Cuddalore District.

3. Vasantha ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents 1 and 2 to dismantle or disconnect the electricity service connection granted to the 3rd respondent in S.No.212/5 and now shifted to 212/4 in Samiarpettai Village (Silambimangalam), Chidambaram Taluk, Cuddalore District.

For Petitioner : Mr.D. Baskar For Respondents : Mr.M. Varun Kumar Standing Counsel - R1 & R2 No Appearance - R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 and 2 to dismantle or disconnect the electricity service connection granted to the 3rd respondent in S.No.212/5 and now shifted to 212/4 in Samiarpettai Village (Silambimangalam), Chidambaram Taluk, Cuddalore District.

2. It is the case of the petitioner that the service https://hcservices.ecourts.gov.in/hcservices/

connection provided to the 3rd respondent in S.No.212/5 has been illegally shifted to S.No.212/4 by the 3rd respondent himself. In these circumstances, the petitioner has given a representation dated 01.12.2014 to the respondents 1 and 2 to disconnect the service connection, which was illegally shifted to S.No.212/4.

3. Mr. M. Varun Kumar, learned Standing Counsel appearing for the respondents 1 and 2, submitted that the 2nd respondent may be directed to consider the petitioner's representation and pass orders in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by Mr.D.Baskar, learned counsel appearing for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to inspect the property in question and pass orders, on merits and in accordance with law on the petitioner's representation dated 01.12.2014, within a period of six weeks from the date of receipt of a copy of this order.

With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj To

1. Superintending Engineer, Tamil Nadu Electricity Generation & Distribution Corporation, Capper Hills, Cuddalore Taluk, Cuddalore District.

2. Junior Engineer ( O & M), Tamil Nadu Electricity Generation & Distribution Corporation, Parangipettai, Chidambaram Taluk, Cuddalore District.

+1cc to M.Varunkumar, Advocate, sr. no.32096 W.P.No.1535 of 2015 RSV(CO) RMP(16/10/2020) https://hcservices.ecourts.gov.in/hcservices/