A.Ramalingam v. The Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.09.2019 Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.26622 of 2019 A.Ramalingam .. Petitioner /versus/ 1.The Chief Secretary to Government, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2.The Secretary to Government, Department of Electricity, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
3.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Circle, (TANGEDCO), Department of Electricity, Cuddalore-1.
4.The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Circle, (TANGEDCO), Mariyappa Nagar, Annamalai Nagar 608 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner's representation dated 27.07.2019 within the stipulated time.
For Petitioner :Mr.M.Gnanasekar For Respondents:Mr.N.Inbanathan, AGP for R1 and R2 Mr.M.Varunkumar, st.c for R3 and R4 -----
O R D E R
By consent, the main writ petition itself is taken up for final disposal at the admission stage itself. 2.Heard Mr.M.Gnanasekar, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice on behalf of respondents 1 and 2 and Mr.M.Varunkumar, learned standing counsel, who takes notice on behalf of respondents 3 and 4. 3.The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 27.07.2019 within the stipulated time.
4. The affidavit of the petitioner reads as below: The petitioner submits that he was given 0.68 cents of wet land-tenant land, given by his father as share. Necessary papers are enclosed in the typed set of papers.
He submits that he has erected pumps deep enough to take ground water for irrigating his land. He has not obtained any EB connection for the pump set motor concerned, to the above mentioned land at any point of time. Now, he come to know that electricity connection is made use of in his share of land and that it had been obtained from somewhere.
He submits that the said land is not his patta land, but only tenant land and the letter given to that effect, are enclosed in the typed set of papers. He submit that in person, he had appeared before the A.E., EB, Usupur to disconnect the said connection. Despite his personal appearance, he has not received any response till this date.
He submits that the electricity connection obtained is nothing but abuse of process of law and that anti-social elements are using the said electricity connection to meet their mean ends. He submits that the above mentioned EB connection had been obtained at Varahoor Village, but it had been installed at Petai Village, which is situated one kilometre
from the said distance. In short, it can be said that the concerned electricity connection had been obtained for one place but used and installed in a different place.
He submits that he came to understand that Mrs.and Mr.A.Ramakrishnan and Mrs.and Mr Sankar have been involved in the said affair, that they came from Veerankoil Thittu and settled in Pettai presently. He submits that they are formerly illicit liquor vendors.
He submits that since his attempts has not yielded effective results, he had submitted a detailed representation to the respondent herein on 27.07.2019. He submits that despite his representation had been served, no reply had been received so far.
He submits that it is expected from the officers of the Government that when a representation is made, the matter may be looked into and suitable orders may be passed in letter and spirit. Despite the receipt of his representation in time, no orders had been passed though sufficient time had been rolled. He came to understand that his representation had been kept at cold storage for the reasons best known to the respondents.
He states that he has not filed any previous writ petition to seeking the same remedy.
He states that no efficacious alternative remedy is available to him to sort out their remedies.
5. The petitioner admittedly not the owner of the land. He claims that he is a tenant in a piece of land. He alleges that somebody has obtained service connection and drawing water from that land. In the representation, he alleges that one Mrs. & Mr.Sankar are involved in the said affair. In the writ petition, the petitioner has neither impleaded Mrs. &Mr. Sankar as party nor mentioned the service connection number, which alleged to have been provided by respondents 3 and 4. A bald allegation and averment is made in the representation to the Chief
Secretary of the State. That representation is followed by the present writ petition.
6. This Court finds that the petitioner has not shown locus to file the petition. Petition does not carry any necessary information for the Court to entertain the writ petition. Hence, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ari To:
1.The Chief Secretary to Government, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2.The Secretary to Government, Department of Electricity, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
3.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Circle, (TANGEDCO), Department of Electricity, Cuddalore-1.
4.The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Circle, (TANGEDCO), Mariyappa Nagar, Annamalai Nagar 608 002.
+1cc to Mr.Gnana sekar , Advocate SR.No. 76810 +1cc to Mr.M.Varunkumar , Advocate SR.No. 77816 +1 cc to Government Pleader Sr.No. 77384 W.P.No.26622 of 2019 A.SK(30/09/2019)