K.Rathinam v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.02.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH K.Rathinam ... Petitioner Vs 1.The Superintending Engineer, Salem Electricity Distribution Circle, Salem, Salem District.

2.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Yerkadu, Salem District.

3.A.Jayakumar 4.S.Jayaraj Krishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to cancel the name of the 4th respondent in EB service connection and granted new connection in the name of the petitioner by considering the petitioner's representation dated 16.02.2023 and grant such other relief may deem fit. 1/4

For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.I.Syed Sibgathulla (R1 and R2) Standing Counsel

O R D E R

Mr.I.Syed Sigbhathulla, learned Standing Counsel accepts notice for R1 and R2, officials of Tangedco and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission. In view of the nature of order proposed to be passed, where the interests of R3 and R4 have also been taken note of and duly protected, no notice is thought necessary to R3 and R4.

2. The petitioner seeks a mandamus directing the official respondents to cancel the name of R4/S.Jayaraj Krishnan in respect of the property at S.No.7/1 Old Door No.16, New No.7, No.46, Manjaikuttai Village, Yercaud Panchayat Union, Yercaud Taluk, Salem District.

3. The affidavit filed in support of the Writ Petition is rife with various facts. There are reference to litigation inter se the parties before the Civil Court at the instance of the petitioner as well as the private respondents.

4. Since the petitioner has sought the same prayer as before this court, even before the official respondents by way of representation dated 16.02.2023 2/4

and Mr.Syed would also accede to the receipt of that representation, this Court is not inclined to look into the factual aspects of the matter.

5. Suffice it to issue mandamus to R2 to consider representation dated 16.02.2023 and dispose the same in accordance with law and all prevailing Rules and Regulations, after hearing and considering the submissions of the petitioner, R3 and R4 as well as any others, who may thought necessary for the proper adjudication of the representation, within a period of six (6) weeks from date of receipt of a copy of this order.

6. This Writ Petition is disposed as above. No costs. 22.02.2024 Index : Yes / No Speaking order sl To 1.The Superintending Engineer, Salem Electricity Distribution Circle, Salem, Salem District.

2.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Yerkadu, Salem District.

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DR.ANITA SUMANTH,J.

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