N.Natarajan v. Tamil Nadu Electricity Board (Tneb)
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 03.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.13916 of 2022 and WMP No.13178 of 2022 N.Natarajan
...Petitioner
Vs 1.Tamil Nadu Electricity Board (TNEB) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 6th Floor, TANTRANSCO Building No.144, Anna Salai Chennai - 600 002
2. The Superintending Engineer Tamil Nadu Electricity Generation and Distribution Cooperation Office of the Supervising Engineer CEDC/South-II/K.K.Nagar Chennai - 600 078 ... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 2nd respondent to consider the representation dated 22.05.2022 and consequently close all the proceedings relating to Memo No.3248/10433/Adml./A.4/F Court Case - SCN/2022 dated 28.04.2022. For Petitioner : M/s.Nathan and Associates For Respondents : Mr.P.Subramanian Standing Counsel for TNEB
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein had given a representation to the respondents on 22.05.2022 seeking cancellation of proceedings initiated against him. Since the said representation was not considered, the present writ petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, https://hcservices.ecourts.gov.in/hcservices/
there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 22.05.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ars/sri To 1.Tamil Nadu Electricity Board (TNEB) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 6th Floor, TANTRANSCO Building No.144, Anna Salai, Chennai - 600 002
2. The Superintending Engineer Tamil Nadu Electricity Generation and Distribution Co-operation Office of the Supervising Engineer CEDC/South-II/K.K.Nagar, Chennai - 600 078 +1cc to Mr.P.Subramanian, Advocate, S.R.No.32142 W.P.No.13916 of 2022 MT(CO) SB(21/06/2022) https://hcservices.ecourts.gov.in/hcservices/