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Madras High CourtWP/11456/2023disposed of

P.Adhilakshmi v. The Chief Engineer/Personnel,

2023-04-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI P.Adhilakshmi ... Petitioner Vs.

1.The Chief Engineer/Personnel, Tamil Nadu Generation & Distribution Corporation Limited, N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chairman cum Managing Director, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.

3.The Assistant Engineer, No.33, K.V.Sub Station, Ground Floor, Okkiyam, (Behind Kannagi Nagar Bus Stand), Thoraipakkam, Chennai - 600 097.

... 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 consider the petitioner's representation dated 13.03.2023 to consider Page No.1/6

the petitioner's rejected Application Reference No.200092991222788 dated 06.12.2022.

For Petitioner : Mr.R.Anbalagan For Respondents : Mr.L.Jai Venkatesh Standing Counsel *****

ORDER

The Writ Petition is filed seeking for a Writ of Mandamus, to direct the third respondent to consider the petitioner's representation dated 13.03.2023 to consider the petitioner's rejected Application Reference No.200092991222788 dated 06.12.2022.

2. The case of the petitioner is that she had purchased the subject house by a registered deed dated 09.01.2006 and she has been striving to get electricity service connection from the third respondent by submitting manual application. However, her case has not been considered positively by the third respondent. Thereafter, the petitioner submitted an online application in Reference No.200092991222788 dated 06.12.2022 and the same was rejected by the office of the third respondent and the Page No.2/6

third respondent has directed the petitioner to obtain an order from the Civil Court for effecting electricity service connection through underground electric cables. Therefore, the petitioner filed a suit in O.S.No.465 of 2012, in which, for ad-interim injunction, an Interlocutory Application in I.A.No.1030 of 2012 was sought for from the Principal District Munsif Court at Alandur. However, the suit in O.S.No.465 of 2012 was dismissed for default for non-impleadment of legal representatives of the deceased second respondent in the suit. Further, the third respondent has not considered the application of the petitioner for more than 15 years and thereafter, the petitioner has made a representation dated 13.03.2023 before the first respondent, which was also not considered till date. Hence, the petitioner filed the above writ petition before this Court for appropriate directions.

3. Though very many grounds have been raised in the present writ petition, the learned counsel for the petitioner submits that, it would suffice, it this Court issues a direction to the third respondent to consider the petitioner's representation dated 13.03.2023 and pass appropriate orders, within a time frame that may be fixed by this Court. Page No.3/6

4. The learned Standing Counsel appearing for the respondents submits that the petitioner's application was already rejected by the third respondent. Hence, he prays for dismissal of this Writ Petition.

5. Heard Mr.R.Anbalagan, learned counsel for the petitioner and Mr.L.Jai Venkatesh, learned Standing Counsel appearing for the respondents and perused the materials available on record.

6. Though the learned Standing Counsel appearing for the respondents made a submission that the petitioner's application was already rejected by the third respondent, he has not produced any order before this Court.

7. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the third respondent to consider the petitioner's representation dated 13.03.2023 and pass appropriate orders, if not already passed, after providing opportunity to the petitioner and communicate the same to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Page No.4/6

8. With the above directions, the Writ Petition is disposed of. No costs.

17.04.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Chief Engineer/Personnel, Tamil Nadu Generation & Distribution Corporation Limited, N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chairman cum Managing Director, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.

3.The Assistant Engineer, No.33, K.V.Sub Station, Ground Floor, Okkiyam, (Behind Kannagi Nagar Bus Stand), Thoraipakkam, Chennai - 600 097.

Page No.5/6

M.DHANDAPANI, J.

sp 17.04.2023 Page No.6/6