J.Suresh, v. The Superintending Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.NO.26730 OF 2019 J.Suresh ... Petitioner Vs.
1. The Superintending Engineer, CEDC/South, 110 KV K.K.Nagar, SS.Complex, First Floor, Anna Main Road, K.K.Nagar, Chennai-78.
2.
The Assistant Executive Engineer, Operation & Maintenance, CEDC/South II, No.9, Paliyathan Street, Sarathy Nagar, Selaiyur, Chennai.
3.
The Assistant Engineer, Chennai Electricity Distribution Circle South, East Tambaram, Chennai-59.
... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to give electricity service connection to the petitioner's house situate at No.14, Manimegalai Street Extn., Selaiyur, East Tambaram, Chennai-59 based on the petitioner's representation dated 17.05.2019.
For Petitioners: Mr.R.Kalyan Kishen Singh For Respondent : Mr.L.Jaivenkatesh Government Advocate
O R D E R
This Writ Petition has been filed seeking a direction to the respondents to give electricity service connection to the petitioner's house based on the petitioner's representation dated 17.05.2019.
2. The petitioner claims to be an owner of the subject property and the petitioner's father before him was in possession of land. Therefore, the petitioner applied for patta for the said property, but the authorities failed to act upon the application made by the petitioner. Hence, the petitioner filed a writ petition before this Court in W.P.no.22130 of 2018 and the same was disposed of with a direction directing the authorities to consider the petitioner's representation dated 09.05.2018. Thereafter, the petitioner had applied for electricity service connection to the third respondent in the above said subject property the same was obtained. Subsequently, the 3rd respondent sent a letter to the petitioner to disconnect the electricity connection.
On received the same, the petitioner approached the 3rd respondent and produced all the relevant document with regard to the enjoyment and possession of the said property. However, the 3rd respondent disconnected the electricity service connection to the petitioner's land. Again, the petitioner submitted a representation dated 17.05.2019 to the 3rd respondent to resume the disconnected service connection, till date, the same was not considered, the petitioner has filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that this Court may issue a direction to the third respondent to consider the petitioner's representation and pass appropriate orders within the time stipulated as fixed by this Court.
4. The learned Standing counsel appearing for the respondents submitted that the petitioner's representation will be considered and appropriate orders will be passed in accordance with law within the stipulated time as fixed by this Court.
5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents 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 third respondent to consider the petitioner's representation dated 17.05.2019 and pass appropriate orders on merits and in accordance with law after providing opportunity to the concerned parties within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rli To
1. The Superintending Engineer, CEDC/South, 110 KV K.K.Nagar, SS.Complex, First Floor, Anna Main Road, K.K.Nagar, Chennai-78.
2.
The Assistant Executive Engineer, Operation & Maintenance, CEDC/South II, No.9, Paliyathan Street, Sarathy Nagar, Selaiyur, Chennai.
3.
The Assistant Engineer, Chennai Electricity Distribution Circle South, East Tambaram, Chennai-59.
W.P.No.26730 of 2019 PA(CO) PM/28/12/2021