Rajamani v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.25371 of 2021 Rajamani ... Petitioner Vs.

1. The Assistant Engineer, TNEB, Kadayampatti Taluk, Salem District.

2. The Executive Engineer D & M, Omalur Taluk, Salem District.

3. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation & Distribution Corporation Ltd., Mettur Dam-636 401.

4. The Sub Registrar, Omalur Taluk, Salem District.

5. The District Registrar, Salem Taluk, Salem District.

6. Aruna

7. Sudhakaran ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 08.07.2021 and permit the petitioner electrical service connection in his permanently.

For Petitioner : Mr.P.Vaithiyalingam For Respondent : Mr. U.Baranidharan R4 & R5 Additional Government Pleader Mr.Abul Kalam R1 to R3 Standing Counsel (TNEB)

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent to consider the petitioner's representation dated 08.07.2021.

2. The case of the petitioner is that he is owner of the property, which was purchased from the 6th respondent vide document No.728/2003 dated 12.12.2005 before the SRO, Omalur. Thereafter, the patta, chitta, adangal and electricity service connection were transferred

in favour of the petitioner. Subsequently, the said Service connection has been transferred in favour of the 5th respondent, who purchased the land from the 6th respondent later. Hence, the petitioner made a representation dated 08.07.2021 to the respondent to transfer the electricity service connection in the name of the petitioner. Since the same was not consider by the respondents, the present writ petition has been filed before this Court.

3. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioners representation dated 08.07.2021 within the stipulated time as fixed by this Court.

4. The learned Standing counsel for the respondents (TNEB) submitted that the petitioner's representation dated 08.07.2021 will be considered in accordance with law within the stipulated time as fixed by this Court after affording opportunity to both the petitioner as well as the respondents 6 & 7.

5. Heard the learned counsel for the petitioners, the learned Additional government Pleader and the learned Standing Counsel for the respondents 1 to 3 and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on bothsides, this Court directs the petitioner to make a fresh representation to the respondents along with the relevant documents and also a copy of this order within a period of two weeks from the date of receipt of a copy of this order. After such representation received, the respondents shall consider the same and pass appropriate orders on merit and in accordance with law, after affording opportunity to the petitioner as well as the respondents 6 & 7, within the period of four weeks, thereafter.

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

01.12.2021

Index: Yes/ No Internet: Yes/No rli To

1. The Assistant Engineer, TNEB, Kadayampatti Taluk, Salem District.

2. The Executive Engineer D & M, Omalur Taluk, Salem District.

3. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation & Distribution Corporation Ltd., Mettur Dam-636 401.

4. The Sub Registrar, Omalur Taluk, Salem District.

5. The District Registrar, Salem Taluk, Salem District.

M.DHANDAPANI,J.

rli W.P.No.25371 of 2021 01.12.2021