M.Muthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Muthu ... Petitioner Vs.

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.Indhirani 3.The Junior Electrical Engineer, TANGEDCO, Thandrampattu Taluk, Thiruvannamalai District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 19.07.2019 within a stipulated time as this Hon'ble Court fixes.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.K.M.D.Muhilan for R1 Additional Government Pleader Mrs.Daniel Mary for R3 for TANGEDCO 1/4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 19.07.2019 within a stipulated time as fixed by this Court.

2.The case of the petitioner is that the petitioner is a lessee of the land owned by the second respondent and he cultivated sugarcane crops in the said lands. On 17.07.2019, the electrical wires cut down from the electrical poles and caught fire due to which the entire sugarcane crops were destroyed. In this connection, the petitioner lodged complaint before the law enforcing agency and also made representation to the first respondent seeking to disburse the relief fund, however, the same has not yet been considered. Hence, this writ petition.

3.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the first respondent to consider the petitioner's representation dated 19.07.2019 and to pass appropriate orders within a reasonable time frame. 2/4

4.The learned Additional Government Pleader appearing for the first respondent submitted that the first respondent is not the competent Authority to consider the petitioner's representation. If at all there is negligence on the part of the Electricity Board, the petitioner has to make representation before the third respondent. 5.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the petitioner to make representation to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the third respondent is directed to consider the same, on merits and in accordance with law and pass appropriate orders, within a period of six weeks thereafter.

6.The writ petition is accordingly disposed of. No costs. 26.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Junior Electrical Engineer, TANGEDCO, Thandrampattu Taluk, Thiruvannamalai District.

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