Madras High CourtWP/31230/2015closed

M.Malliga v. The Superintending Engineer

2016-03-01Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.31230 of 2015 M.Malliga W/o.Late Dhandapani ... Petitioner Vs.

1. The Superintending Engineer, TANGEDCO, Dharmapuri District, Dharmapuri - 636 705.

2. The Assistant Executive Engineer, TANGEDCO, Harur, Dharmapuri District.

3. Krishnan S/o.Ramasamy

4. Kanagu W/o.Krishnan ... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue a service connection in respect of the service connection No.638 corresponding to Survey No.46/2A and 40/2A concerned in Patta No.382 of the land situated at Kudumiyanpatti Village, Harur Taluk, Dharmapuri District based on the representation of the petitioner dated 02.07.2015 forthwith.

For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.M.Varun Kumar [R1 & R2] Mr.Praveen Alexander [R3 & R4]

O R D E R

Heard Mr.C.Prabakaran, the learned counsel for the petitioner, Mr.M.Varun Kumar, the learned counsel for the respondents 1 and 2 and Mr.Praveen Alexander, the learned counsel for the respondents 3 and 4.

2. The petitioner has filed this writ petition seeking a direction to the second respondent to issue service connection in respect of service connection No.638 corresponding to Survey No.46/2A and 40/2A, Patta No.382 situated at Kudumiyanpatti Village, Harur Taluk, Dharmapuri District based on the representation of the petitioner dated 02.07.2015.

3. The petitioner is the wife of late Dhandapani, who is the brother of the third respondent. The fourth respondent is the wife of the third respondent. The petitioner now seeks for separate electricity connection in her name in respect of a land in which she is a co-pattadhar. In this regard, the petitioner relied upon a Patta No.382. The petitioner's case is that the service connection has been obtained in the name of fourth respondent, wife of the third respondent, who is not a joint owner of the property. These are internal disputes within the family which cannot be gone into at this stage of the matter. The authority concerned is the second respondent and he has to look into the allegations and counter allegations as the representation is still pending.

4. In the light of the above, without going into the merits of the contentions made by the petitioner, this Court directs the second respondent to consider the representation of the petitioner dated 02.07.2015 after issuing notice to the petitioner, respondents 3 and 4, verify the records and if necessary, also conduct a spot inspection and thereafter, pass an order on merits in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gm

1. The Superintending Engineer, TANGEDCO, Dharmapuri District, Dharmapuri - 636 705.

2. The Assistant Executive Engineer, TANGEDCO, Harur, Dharmapuri District.

+1cc to Mr.M.Varun Kumar, Advocate, S.R.No.13354 +1cc to Mr.Praveen Alexander, Advocate, S.R.No.13272 +1cc to Mr.C.Prabakaran, Advocate, S.R.No.13079 W.P.No.31230 of 2015 KK(CO) CA(14/03/2016)