Mr.Murugesan, v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.5822 of 2017 and W.M.P.No.6243 of 2017 Murugesan ..Petitioner Vs.

1.The Superintending Engineer, 2.The Executive Engineer, Pochampalli Town and Taluk, 3.The Assistant Executive Engineer, Uthangarai Town and Taluk, 4.Thimmarayan 5.Devan ..Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the second and third respondents to consider the petitioner's representation dated 15.02.2016 within a time frame as may be fixed by this Court.

For Petitioner ..

M/s.Dass and Viswa Associates For Respondents ..

Mr.Varun Kumar for R1 to R3

ORDER

Seeking a direction to respondents 2 and 3 to consider the representation of the petitioner dated 15.02.2016, the present writ petition has been filed on the premise that the application made for service connection to one property was changed and applied to another one after the sale of the earlier one. 2.The representation of the petitioner also indicates that a suit in O.S.No.80 of 2012 has been filed in this regard in which respondents 4 and 5 herein have been arrayed as party defendants. The suit was dismissed, against which, the petitioner is intending to file an appeal, as seen from the aforesaid representation.

3.In such view of the matter, this Court is of the view that there is no merit in the writ petition filed even though an innocuous prayer has been sought for. The petitioner has sought for a comprehensive relief against the official respondents, which has been declined and therefore, he cannot seek for a mandamus directing them to consider the request made. 4.In such view of the matter, the writ petition stands dismissed. However, this order will not prejudice the appeal to be filed by the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar(J) True Copy Sub-Assistant Registrar mmi To 1.The Superintending Engineer,

2.The Executive Engineer, Pochampalli Town and Taluk, 3.The Assistant Executive Engineer, Uthangarai Town and Taluk, +1 cc to M/s.M.Varunkumar Advocate sr 15326 +1 cc to M/s.Dass & Viswa Associates sr 15214 W.P.No.5822 of 2017 msm(co) aa23/03/2017