P.Govindan S/O.Periyavan v. The Superintendent Of Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.21495 of 2024 P.Govindan ... Petitioner Vs.
1. The Superintendent of Engineer, Tamil Nadu Electricity Board, Tiruppattur, Tirupattur District.
2. The Executive Engineer, Office of the Executive Engineer, Vengalapuram, Tirupattur District.
3. P.Rathinam ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 & 2 to consider the petitioner's representation dated 14.02.2024 and 15.07.2024 and not to grant agriculture motor service connection only in the name of the 3rd respondent well situated in Survey no.426/9 and 426/11 in Ambedkar Nagar, Kodumampalli Post, Tirupattur Taluk and District. For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.Madhusoothanan, Standing Counsel RR1 & 2
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 1 & 2 to consider the petitioner's representation dated 14.02.2024 and 15.07.2024 and not to grant agriculture motor service connection only in the name of the 3rd respondent well situated in Survey no.426/9 and 426/11 in Ambedkar Nagar, Kodumampalli Post, Tirupattur Taluk and District.
2. The case of the petitioner is that the petitioner is an agriculturist and he is cultivating the crops in his land in S.No.426/11 and 426/9. The petitioner had cultivated the crops with the help of the well water and taking water in the well with the help of the diesel engine motor. The above said land was orally partitioned before 45 years with the third respondent and at present, the petitioner filed a suit before the concerned Court for partition and the same is pending. In such circumstances, the 3rd respondent obtained forged patta and obtained service connection in the above said land and refused to take water in the common well. Hence, the petitioner the petitioner made a representation to the respondents on 14.02.2024 and 15.07.2014 to issue joint service connection and the same was not considered so far. Hence, the petitioner has filed the present petition before this Court seeking appropriate remedy.
3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents 1 and 2 to consider and pass orders on the petitioner's representation within the time frame as fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted that the appropriate orders will be passed on the petitioner's re in accordance with law.
5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider and pass orders on the petitioner's representation after providing opportunity to the petitioner as well as the private respondents on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.08.2024 rli To
1. The Superintendent of Engineer, Tamil Nadu Electricity Board, Tiruppattur, Tirupattur District.
2. The Executive Engineer, Office of the Executive Engineer, Vengalapuram, Tirupattur District.
M.DHANDAPANI,J.
Rli W.P.No.21495 of 2024 05.08.2024