Viswanathan v. The Chairman And Managing Director,
In the High Court of Judicature at Madras Dated : 17.4.2023 Coram :
The Honourable Mr.Justice M.DHANDAPANI Writ Petition No.2523 of 2020 Viswanathan
...Petitioner
Vs 1.The Chairman & Managing Director, TANGEDCO, Tamil Nadu Electricity Board, Chennai.
2.The Assistant Executive Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, 110/11, K.V.Kadakuthu Sub-Station, Cuddalore District.
3.The Executive Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, Kurungipadi.
4.The Assistant Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, Gangaikondan, Neyveli, Cuddalore District.
5.Mumtaj Begum
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 4 to 1/6
consider and pass orders on the petitioner's representation dated 11.12.2019 seeking to remove the electricity service connection in S.C.No.578.
For Petitioner :
Mr.S.Shankar For Respondents 1 to 4 :
Mr.Venkata Seshaiya For Respondent-5 :
Mr.D.Ashok Kumar
ORDER
The petitioner has filed this writ petition seeking a direction to respondents 1 to 4 to consider and pass orders on the petitioner's representation dated 11.12.2019 to remove the electricity service connection in S.C.No.578.
2. Mr.S.Shankar, learned counsel appears for the petitioner. Mr.Venkata Seshaiya, learned Standing Counsel appears for respondents 1 to 4. Mr.D.Ashok Kumar, learned counsel appears for the fifth respondent.
3. The case of the petitioner is as follows : (i) The petitioner is the owner of the land in S.No.172/15, 2/6
Romapuri Village, Cuddalore District and is in possession and enjoyment of the same. The fifth respondent is having land adjoining the patta land of the petitioner. The fifth respondent is having vast extent of land and is also having access to her property through the highway land in S.No.217. Though the fifth respondent encroached the highway land and constructed a building, it was demolished by the Highway Authorities and respondents 3 and 4 disconnected the electricity service connection, however, leaving the service connection in S.C.No.578 belonging to the fifth respondent. (ii) Pursuant to that, the petitioner issued a legal notice dated 24.8.2019 to respondents 2 to 4 so as to bring to their knowledge the existence of service connection No.
578 in the damaged wall of the fifth respondent and called upon them to remove and disconnect the electricity service. However, nothing was forthcoming. (iii) Expressing his grievance, the petitioner sent a representation dated 11.12.2019 to respondents 1 to 4 along with photographs. Though the said representation has been received, no action has been taken and the fifth respondent is still using the said electricity service connection. Hence the writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice to direct respondents 1 to 4 to consider the representation of the petitioner dated 11.12.2019 within a time frame that may be stipulated by this Court.
5. On the above contentions, this Court heard the respective learned counsel appearing for the respondents and perused the materials available on record.
6. Considering the limited nature of the prayer sought for in this writ petition, this Court, without going into the merits of the issue, directs respondents 1 to 4 to consider the representation of the petitioner dated 11.12.2019 and pass appropriate orders, if not already disposed of, after affording an opportunity of personal hearing to the petitioner as well as the fifth respondent within a period of four weeks from the date of receipt of a copy of this order. 4/6
7. With the above direction, the writ petition is disposed of. No costs.
17.4.2023 Index : Yes (or) No To 1.The Chairman & Managing Director, TANGEDCO, Tamil Nadu Electricity Board, Chennai.
2.The Assistant Executive Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, 110/11, K.V.Kadakuthu Sub-Station, Cuddalore District.
3.The Executive Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, Kurungipadi.
4.The Assistant Engineer (O&M), TANGEDCO, Tamil Nadu Electricity Board, Gangaikondan, Neyveli, Cuddalore District.
RAP 5/6
M.DHANDAPANI,J RAP 17.4.2023 6/6