M.Senthilkumar v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M.Senthil Kumar ... Petitioner Vs.
1. The Assistant Engineer Tamil Nadu Generation and Distribution Corporation SS Power House Pallagoundenpalayam Vijayamangalam (via) Uthukuli Taluk Tiruppur District.
2. The Superintending Engineer, Erode Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Erode-600 009.
3. Periyasamy 4.Duraisamy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ or Direction, specifically Writ in the nature of Writ of Mandamus directing the first and second respondents to take suitable legal action as against the 3rd and 4th respondents for the damage caused to the 1/6
electric wires and fuse carriers by considering the petitioner's representation dated 15.04.2023 within the time frame to be fixed by this Court. For Petitioner :
M/s.C.Munusamy For Respondents :
Mr.I.Syed Sibhathulla, Standing Counsel ****
ORDER
This Writ Petition has been filed for a direction to the first and second respondents to consider the petitioner's application dated 15.04.2023 and take legal action against the respondents 3 & 4 within the time frame fixed by this Court.
2. Mr.I.Syed Sibhathulla, learned standing counsel takes notice for respondents 1 & 2.
3. Since, no adverse order is being passed against the respondents 3 & 4, notice to respondents 3 & 4 is dispensed with. 2/6
4. The petitioner and the respondents 3 & 4 are jointly using the free electricity service connection which was provided for the motor pump set attached to the well which is being utilized for the purpose of drawing water for irrigation in the agricultural lands. It is the case of the petitioner that the respondents 3 & 4 have damaged the electric wires connected to the well due to which, the petitioner could not draw water from the well for the purpose of irrigation and drinking. Hence, the petitioner made a representation dated 15.04.2023 to the respondents 1 & 2 seeking to overhaul the damaged electric wires so that the petitioner would be able to draw water from the well using the electricity service connection. However, till date, the same has not been considered. Hence, this Writ Petition.
5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the representation dated 15.04.2023 seeking to overhaul the damages electric wires and pass appropriate orders on the same within the time that may be stipulated by this Court. 3/6
6. On the above contention, this Court heard the learned standing counsel for respondents 1 & 2.
7. In view of the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondents 1 & 2 to consider the representation dated 15.04.2023 made by the petitioner seeking seeking to overhaul the damages electric wires of the pump set which is connected to the well and pass appropriate orders on the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.
28.04.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No NHS 4/6
To
1. The Assistant Engineer Tamil Nadu Generation and Distribution Corporation SS Power House Pallagoundenpalayam Vijayamangalam (via) Uthukuli Taluk Tiruppur District.
2. The Superintending Engineer, Erode Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Erode-600 009.
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M.DHANDAPANI, J.
NHS 28.04.2023 6/6