V. Pandiyan, v. The Chairman, Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.36797/2015 V.Pandiyan
...Petitioner
Vs.
1. The Chairman Tamilnadu Electricity Board No.592, Anna Salai, Chennai 600002.
2. The Divisional Engineer, Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
3. The Superintending Engineer Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
4. The Executive Engineer Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
5. The Junior Engineer Tamil Nadu Electricity Board Nainarpalayam, Kallakurichi Taluk Villupuram District 606301.
6. S.Ramasamy
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 4th respondent to consider the representation of the writ petitioner dated 27.03.2013 and 29.07.2015 to pass appropriate orders.
For Petitioner :
Mr.T.Chandrasekaran For R1 to R5 :
Mr.M.Varun Kumar
ORDER
Heard the learned counsel for the petitioner and Mr.M.Varun Kumar, learned Standing Counsel accepting notice for the respondents 1 to 5 and with their consent, the writ petition is taken up for final disposal. Since the writ petition is disposed of at the admission stage itself, notice to the 6th respondent is dispensed with.
The petitioner has submitted a representation to the 4th respondent on 27.03.2013 alleging that the 6th respondent has illegally obtained an agricultural electricity service connection in SC.No.564 for Survey No.1/7A of V.Maamandur village of Chinna Salem Taluk. The petitioner alleges that the service connection has been granted without verifying the genuineness of the records submitted by the 6th respondent, without inspecting the lands in question, whether there is an irrigation well etc.
As mentioned earlier, since the writ petition is disposed of without notice to the 6th respondent, the allegations made as against the 6th respondent cannot be gone into at this stage. In any event, a representation is pending before the 4th respondent and they are bound to consider the same in accordance with law.
In the light of the above, the writ petition is disposed of with a direction to the 4th respondent to consider and dispose of the petitioner's representations dated 27.03.2013 and 29.07.2015, after putting on notice the petitioner as well as the 6th respondent and pass appropriate orders on merits and in accordance with law within a period of three months from the
date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar AP To
1. The Chairman Tamilnadu Electricity Board No.592, Anna Salai, Chennai 600002.
2. The Divisional Engineer, Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
3. The Superintending Engineer Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
4. The Executive Engineer Tamil Nadu Electricity Board [Operation and Maintenance] Kallakurichi, Villupuram District 606202.
5. The Junior Engineer Tamil Nadu Electricity Board Nainarpalayam, Kallakurichi Taluk, Villupuram District 606301.
1 CC to Mr.T.Chandrasekaran, Advocate SR.No. 62766 + 1 cc to Mr.M.Varun Kumar, Advocate Sr 63276 (8/1/16) WP.No.36797/2015 MSM (CO) PSI (26/11/2015)