K.Chandiran v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.17486 of 2021 & W.M.P. No. 18570 of 2021 K.Chandiran ....
Petitioner -Vs1. The Executive Engineer, O/o.The Executive Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd, Annathanapatty, Salem-636002
2. The Assistant Accounts officer, Revenue Branch(South), Tamil Nadu Generation and Distribution Corporation Ltd., Annathanapatty, Salem 636 002.
3. The Junior Engineer, Mallur/Rural/Bench, Tamil Nadu Generation and Distribution Corporation Ltd., Mallur, Salem District.
....
Respondents 1 / 7
Prayer :- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records relating to the reports Are Internal documents consumer ledger issued by the 2nd respondent dated 20. 01.2021 on the file of the 2nd respondent and quash the same and directing the respondents to entry the name of the petitioner in the electricity service connection in respect of S.No. 95 order or direction as this Honourable Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr. M.Senthilkumar For Respondents : Mr. M.Abdul Kalam, Standing counsel
O R D E R
This writ petition has been filed challenging the entries made in the records maintained by the second respondent and for a direction to the respondents to the enter the name of the petitioner in the records with respect to Service Connection No. 95. 2.
The facts of the case was captured, when the writ petition was admitted on 23.08.2021 and the same is extracted hereunder:- Mr.M.Abul Kalam, takes notice for the respondents. The only grievance that has been expressed by the 2 / 7
petitioner in the present case is that the Electricity service connection originally stood in the name of his father Kaliyannagounder. On his demise, the petitioner made an application along with all the relevant documents requesting for change of name in the electricity service connection in S.C.No.95. As per the proceedings dated 30.12.2000, the service connection was also changed in the name of the petitioner and the petitioner has been making the payments for the bills raised by the respondents. The petitioner thereafter came to understand that instead of showing the name of the petitioner, the name of one Chettianna Gounder was reflected in the records. The petitioner made a representation in this regard and since there was no response, the present writ petition has been filed before this Court.
The learned standing counsel shall take instructions as to why the electricity service connection in S.C.No.95 stands in the name of one Chetiannagounder, when already the service connection was transferred in the name of the petitioner through proceedings dated 30.12.2000. Post this case under the caption 'for orders' on 03.09.2021. 3.
When the matter was taken up for hearing today, the learned standing counsel appearing on behalf of the respondents 3 / 7
submitted that originally the service connection stood in the name of the father of the petitioner Kallianna Gounder and his grand father Chettianna Gounder and therefore, there is no discrepancy in the entry that is found in the consumer ledger maintained by the second respondent. The learned counsel further submitted that the petitioner can submit all the relevant documents before the first respondent and the first respondent will consider the same and if the petitioner establishes his right over the property, necessary corrections will be made in the records maintained by the respondents. 4.
The learned counsel for the petitioner submitted that the petitioner will submit all the relevant records before the first respondent and a time limit may be fixed by this Court for the first respondent to take a decision and carry out the necessary corrections in the records.
5.
Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be direction to 4 / 7
the petitioner to make a fresh representation to the first respondent along with all the relevant records and also a copy of this order. The first respondent shall pass appropriate orders within a period of four weeks from the date of receipt of the copy of this order. Depending upon the order passed by the first respondent, necessary changes shall be effected in the records maintained by the department. 6.
This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 08.09.2021 sha/rka 5 / 7
6 / 7
N.ANAND VENKATESH, J.
sha/rka To
1. The Executive Engineer, O/o.The Executive Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd, Annathanapatty, Salem-636002
2. The Assistant Accounts officer, Revenue Branch(South), Tamil Nadu Generation and Distribution Corporation Ltd., Annathanapatty, Salem 636 002.
3. The Junior Engineer, Mallur/Rural/Bench, Tamil Nadu Generation and Distribution Corporation Ltd., Mallur, Salem District.
WP No.17486 of 2021 & W.M.P. No. 18570 of 2021 08.09.2021 7 / 7