D.Durairaj, v. The Junior Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.05.2017
CORAM
THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.12391 of 2017 and W.M.P.No.13143 of 2017 D.Durairaj
...Petitioner
Vs.
1. The Junior Engineer, Tamil Nadu Electricity Board, Kavanur, Walajah Taluk, Vellore District.
2. A.Rajendran
3. C.Raja
...Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to consider the representation given by the petitioner on 12.04.017 to not to give electricity connection to the second and third respondents at the schedule property. For Petitioner : Mr.T.Ramachandran For Respondents: Mr.R.Varun Kumar Respondent for R1
O R D E R
Prayer in the Writ petition is to issue direction to the first respondent to consider the representation of the petitioner dated 12.04.2017.
2. According to the petitioner, he is an Ex-Service man retired from the Indian Army. After his retirement, he has settled at his native village namely Sambasivapuram Village, Walajah Taluk, Vellore District along with his family. The Government has alloted two acres of land in Survery No.686/2, situated at No.55, Arunkundram Village, Walajah Taluk, Vellore District in the name of his wife Mrs.D.Kamala and they are in possession of the same for the past 30 years. While so, the respondents 2 and 3 have illegally encroached a portion of the
said property. So, he lodged a complaint with the Police on 06.03.2017 and it was registered in C.S.R.No.46/2017.
3. The petitioner would further state that when the Criminal case is pending, the respondents 2 and 3 had illegally erected a shed in the occupied land and attempted to get electricity connection from the first respondent. Hence, he had given a representation on 12.04.2017 to the first respondent raising objections to give electricity service connection to the encroacher. Since no order was passed in the said representation, the present writ petition is filed.
4. Heard Mr.T.Ramachandran, learned counsel for the petitioner and Mr.R.Varun Kumar, learned Counsel for the first respondent.
5. Considering the limited prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 12.04.2017, after affording an opportunity of personal hearing to the petitioner and also to the second and third respondents, and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of the receipt of a copy of this order. Till then, the first respondent is directed to maintain status-quo.
6. With the above direction, the writ petition is disposed off. Consequently connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts
To The Junior Engineer, Tamil Nadu Electricity Board, Kavanur, Walajah Taluk, Vellore District.
+1cc to Mr.Varunkumar, Advocate sr.37192 +1cc to Mr.Ramachandran,Advocate sr.37233 W.P.No.12391 of 2017 and W.M.P.No.13143 of 2017 mg(co) ss(24/5/2017)