Madras High CourtWP/18414/2021disposed of

S.P.Sivakumar v. The Assistant Engineer

2021-09-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WRIT PETITION NO.18414 OF 2021 S.P.Sivakumar ....

Petitioner -VsThe Assistant Engineer TANGEDCO (O&M) Mettur Division, Mettur Dam Salem District.

.... Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to dispose of the representation dated 13.07.2021. For Petitioner :

Mr.N.Srinivasan For Respondents :

Mr.M.Abul Kalam Standing Counsel

O R D E R

This writ petition has been filed for the issue of a writ of Mandamus directing the respondents to consider the representation made by the petitioner on 13.07.2021, wherein the petitioner has requested for the cancellation of the service connection that has been given to the subject property.

2. The case of the petitioner is that, he is the owner of the subject property by virtue of a registered sale deed dated 24.05.1995 and a patta was also issued in his favour by the Revenue Department. There was a dispute with regard to this property which resulted in initiation of civil proceedings by the petitioner and ultimately the matter reached this Court in Second Appeal No.1567 of 2008 and the second appeal was allowed in favour of the petitioner by a judgment and decree dated 23.03.2021.

3. Pursuant to the above judgment, the petitioner made a representation to the respondent on 13.07.2021 requesting for disconnecting the service connection and the petitioner also undertook to pay the necessary charges and any amount that is https://hcservices.ecourts.gov.in/hcservices/

due and payable to the Department. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.N.Srinivasan, learned counsel for the petitioner and Mr.Abul Kalam, learned Standing Counsel appearing for the respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to consider the representation dated 13.07.2021 on its own merits and in accordance with law and take a decision within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the respondent along with all the relevant records and a copy of this order. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KST To The Assistant Engineer TANGEDCO (O&M) Mettur Division, Mettur Dam Salem District.

+1cc to Mr.N.Srinivasan, Advocate, S.R.No.44357 W.P.No.18414 of 2021 GP(CO) PM/22/09/2021 https://hcservices.ecourts.gov.in/hcservices/