Madras High CourtWP/27391/2019disposed of

Seethapathi v. The Junior Engineer ( O And M)

2019-09-16Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2019

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.27391 of 2019 Seethapathi .. Petitioner /versus/ 1.The Junior Engineer(O&M), TANGEDCO-TNEB,Kallakurichi District.

2.The Assistant Executive Engineer, Sankarapuram, 3.The Assistant Accounts Officer, Revenue Division, Sankarapuram, .. Respondents Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent herein to consider the petitioner's representation dated 30.07.2019 and transfer the Electricity Service Connection bearing No.333, based upon the Registered Partition Deed dated 07.03.2003 in the petitioner's name.

For Petitioner :Mr.S.Kingston Jerold For Respondents :Mr.M.Varunkumar, st.c for R1 to R3

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.Heard Mr.S.Kingston Jerold, learned counsel appearing for the petitioners and Mr.M.Varunkumar, learned standing counsel who takes notice on behalf of respondents 1 to 3. 3.The prayer in the writ petition is to issue a Writ of Mandamus directing the 3rd respondent herein to consider the petitioner's representation dated 30.07.2019 and transfer the

Electricity Service Connection bearing No.333, based upon the Registered Partition Deed dated 07.03.2003 in the petitioner's name.

4.The case of the petitioner is that after the death of his father Seenuvasan, he has sought for name transfer of the service connection, which stood in the name of the petitioner's father Seenuvasan. In consequence to his representation dated 23.07.2019, the Assistant Account Officer of Sankarapuram has sought for 11 documents from the petitioner.

5. The petitioner submits that he has furnished partition deed, patta, chitta and death certificate of his father along with the covering letter dated 30.07.2019, but till date, the third respondent has not passed any order on his representation.

6. From the communication of the third respondent and the response of the petitioner, this Court finds that while 11 documents sought for by the third respondent, the petitioner has furnished only three documents.

7. The learned counsel appearing for the petitioner would now submit that he will furnish the remaining documents to prove his claim during the enquiry.

8. Recording the same, the writ petition is disposed of with a direction to the petitioner herein to furnish the remaining documents to the third respondent. On production of such documents, the third respondent shall consider the representation of the petitioner dated 30.07.2019 and pass appropriate orders on merits and in accordance with law, with in a period of six weeks from the date of production of the documents. No costs.

ari Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Junior Engineer(O&M), TANGEDCO-TNEB, 2.The Assistant Executive Engineer, Sankarapuram, Kallakurichi District.

3.The Assistant Accounts Officer, Revenue Division, Sankarapuram, +1cc to Mr.M.Varun Kumar, Advocate, SR.No.80049 +1cc to Mr.S.Kingston Jerold, Advocate, SR.No.79100 Writ Petition No.27391 of 2019 Kak(22/10/2019)