Rajan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Rajan ... Petitioner Vs.
1. The Chairman TANGEDCO, Anna Salai, Chennai -600 002.
2. The Superintendent of Engineer, Kallakurichi, Kallakurichi District.
3. The Assistant Engineer, TANGEDCO, Rishivandhiam, Kallakurichi District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to dispose the Petitioner's representation dated 12.09.2022 and to change the Electricity Service Connection No.425 from Commercial Tariff to Temple Tariff. For Petitioner :
Mr.G.Ranganathan For Respondents :
Mrs.Daniel Mary Standing counsel for R1 to R3 ***** 1/5
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the third respondent to dispose the Petitioner's representation dated 12.09.2022 and to change the Electricity Service Connection No.425 from Commercial Tariff to Temple Tariff.
2. Mr.G.Ranganathan, appears on behalf of learned counsel for the petitioner, Mrs.Daniel Mary, learned Standing counsel accepts notice on behalf of respondents 1 to 3. In view of the consent expressed by learned counsel appearing on either side, this writ petition is taken up for final disposal.
3. It is the case of the petitioner that the petitioner is the Tharumakartha of Sri Muniyappan Kovil sitauted in Ariyanthakka Village, Shankarapuram Taluk, Kallakurichi District, in which all the devotees and general public were allowed to worship the said temple without any disturbance. After obtaining No objection Certificate from the Tahsildar and Panchayat Board, the third respondent had effected electricity service connection to the said Temple und er the category of commercial tariff bearing electricity service connection 2/5
No.425. Seeking to change the service connection from commercial tariff to temple tariff the petitioner made an oral representation dated 12.09.2022 before the third respondent. Since no response is forthcoming, the petitioner has come up with the present writ petition seeking the aforesaid relief.
4. Though very many grounds has been raised in the above writ petition, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the third respondent dated 12.09.2022 and pass appropriate orders within the time frame that may be fixed by this Court.
5. On the above contentions heard learned Standing counsel appearing for the respondents 1 to 3 and perused the materials placed on record.
6. In view of the limited request sought for by the petitioner, this Court without going into the merits of the case directs the third respondent to verify whether the aforesaid Temple exists and if the said Temple exists in S.No.366 of the Ariyanthakka Village, Shankarapuram Taluk, Kallakurichi 3/5
District, the third respondent is directed to change the Electricity Service Connection No.425 from Commercial Tariff to Temple Tariff on the basis of the representation dated 12.09.2022 after affording an opportunity of hearing to the petitioner as well as the aggrieved persons if any. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs. 29.03.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No rap To
1. The Chairman TANGEDCO, Anna Salai, Chennai -600 002.
2. The Superintendent of Engineer, Kallakurichi, Kallakurichi District.
3. The Assistant Engineer, TANGEDCO, Rishivandhiam, Kallakurichi District.
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M.DHANDAPANI, J.
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