K.S.Srinivasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.26735 of 2021 K.S.Srinivasan ... Petitioner Vs.

1. The District Collector, Erode District, Erode.

2. The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Gobichettipalayam, Electricity Distribution Circle, Vettaikarankoil, Erode District.

3. Balachandar

4. Yogambal ... 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 herein to consider the petitioner's representation dated 06.10.2021 and pass orders on merits after affording opportunity to the petitioner and the respondents 3 & 4 herein to putforth their case within the time frame stipulated by this Court.

For Petitioners :

Mr.S.Kaithamalai Kumaran For Respondents :

Mrs.C.Sangamithirai R1 Spl. Government Pleader Mr.Abul Kalam R2

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 06.10.2021 and pass orders on merits after affording opportunity to the petitioner and the respondents 3 & 4 herein.

2. The case of the petitioner is that he purchased a plot in first street of Gandhi Nagar and constructed a house. The petitioner and his family members is residing the abovesaid premises. It is the further case of the petitioner is that the respondents 3 and 4 are also residing nearby the house of the petitioner and they are putting up a small scale units and industries. Such being the situation, the second respondents drawn electricity line for the said power loom for drawing electricity. The said High Tension cable was drawn from for the industrial unit and the same is hanging near the petitioner's house. Hence, the petitioner had made a representation to the respondents dated 06.10.2021 and the same was not considered so far by the respondents. Hence, the petitioner filed the present writ petition before this Court seeking appropriate directions.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the representation of the petitioner dated 06.10.2021 within the time stipulated by this Court.

4. The learned Standing counsel for the 2nd respondent submitted that as per the safety norms, the second respondent laid a cable in the above said premises. However, the respondent will be considered the petitioner's representation dated 06.10.2021 and orders will be passed on merits and in accordance with law within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the second respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the second respondent to consider the petitioner's representation dated 06.10.2021 and pass appropriate orders after affording opportunity to either side on merits and in accordance with law within a period of eight 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.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rli To

1. The District Collector, Erode District, Erode.

2. The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Gobichettipalayam, Electricity Distribution Circle, Vettaikarankoil, Erode District.

+1cc to Mr.M.Abulkalam, Advocate, S.R.No.66845 +1cc to Mr.S.Kaithamalai Kumaran, Advocate, S.R.No.66850 +1cc to Mr.E.C.Ramesh, Advocate, S.R.No.67372 +1cc to the Government Pleader, S.R.No.67493 W.P.No.26735 of 2021 GSM(CO) SU(05/01/2022)