Ms.R.Kasthuri v. The Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10765 of 2015 and M.P.No.1 of 2015 A.Kasthuri .. Petitioner - Vs -

1. The Divisional Engineer, Office of the Divisional Engineer, TANGEDCO, Mangadu, Kanchipuram District - 600 122.

2. The Junior Engineer, Office of the Junior Engineer, TANGEDCO, Mangadu, Kanchipuram District - 600 122.

3. Reji Chacko .. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the second respondent to restore the electricity connection to SC.No.233008-1011 at No.21, Sangamithra Avenue, Srinivasapuram, Baraniputhur Post, Chennai - 600 122.

Petitioner : Mr.B.Narayanan For Respondents 1 & 2 : Mr.P.Gunaraj - - - - -

O R D E R

By consent, the writ petition is take up for final disposal.

2. The petitioner claims that she along with her family is residing at the premises bearing No.21, Sangamithra Avenue, Srinivasapuram, Baraniputhur Post, Chennai - 122 and the third respondent has obtained an ex parte decree in O.S.No.342 of 2009 on the file of the District Munsif Court, Sriperumbudur which was filed against the petitioner herein and one Mr.Sekhar and two other defendants praying for the relief of declaration, mandatory

injunction and other consequential relief. Thereafter, the third respondent herein, has filed execution petition in E.P.No.1 of 2013 in which also, the petitioner was set ex parte. Thereafter, the petitioner filed necessary applications to set aside the ex parte order both in the O.S. and the E.P. and the same is pending adjudication. The grievance expressed by the petitioner is that the electricity service connection to the said premises has been disconnected. Aggrieved by the same, she sent a representation on 31.01.2015 to the respondents 1 and 2 and since she has not been favoured with any response, she has come forward with this writ petition.

3. The learned counsel appearing for the petitioner would submit that one of the defendants viz., Mr.Sekhar filed a writ petition in W.P.No.10658 of 2014 praying for restoration of the electricity connected and by an order dated 04.09.2014, this Court directed restoration of electricity connection to him and the same was restored. Therefore, according to the learned counsel, the first and the second respondents are under obligation to restore electricity connection to the petitioner.

4. Mr.P.Gunaraj, the learned standing counsel accepts notice for respondents 1 and 2.

5. Though the petitioner prays for a larger relief of restoration of electricity service connection, in the facts and circumstances of the case, it would be suffice to direct the respondents 1 and 2 to consider and dispose of the representation of the petitioner dated 31.01.2015, on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. This writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.

kk s/d- Assistant Registrar(R) True Copy Sub-Assistant Registrar To

1. The Divisional Engineer, Office of the Divisional Engineer, TANGEDCO, Mangadu, Kanchipuram District - 600 122.

2. The Junior Engineer, Office of the Junior Engineer, TANGEDCO, Mangadu, Kanchipuram District - 600 122. + 1 cc to Mr.P.Gunaraj, Advocate SR 20557 + 1 cc to Mr.B.Narayanan, Advocate SR 20464 mg(co) prk28/4 W.P.No.10765 of 2015 and M.P.No.1 of 2015