Temin Samdalton v. The Assistant Engineer Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.10.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29264 of 2024 Temin Samdalton ... Petitioner Vs.
1. The Assistant Engineer Distribution, TANGEDCO, Corporation Office, Ground Floor, Palavakkam, Chennai.
2. The Assistant Executive Engineer Distribution, TANGEDCO, South 2, L.B.Road, Indira Nagar, Chennai.
3. The Executive Eng inner Distribution, TANGEDCO - O & M/ITC, 110 KV Tidel Park, SS Complex, CSIR Road, Tharamani, Chennai-113.
4. The Superintendent Engineer, TANGEDCO, CEDC South-2, KK. Nagar, Chennai-78.
5. Nazreen
6. Saravanan
7. Shahul Hameed M.A.
8. Ajmal Khan
9. Thilip Khan ....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to consider and pass orders on the petitioners' representation dated 14.05.2024 in accordance with law and on merits within a time period to be stipulated by this Court.
For Petitioners : Mr.M.Prakash Kumar For Respondents : Mr.L.Jaivenkatesh RR1 to 4
ORDER
The writ petitioner seeks a direction to the respondents 1 to 4 to consider and pass orders on the petitioners' representation dated 14.05.2024 in accordance with law and on merits within a time period to be stipulated by this Court.
2. It is the case of the petitioners that the petitioner is an absolute owner of the land bearing plot No.2 measuring an extent of 2863 sq. ft. comprised in S.No.46/1 vide sale deed Doc. No.7338 of 2021 dated 19.08.2021 registered at SRO, Neelangarai and current survey number is 46/ID as per patta No.14216 at Palavakkam Village, Sholinganallur Taluk, Chengalpattu District. The petitioner and his adjacent plot owners have formed a private passage and obtained patta No.14428. However, the private respondents have raised objection for the compound wall and filed a suit in OS.No.880/2024 before the District Munsif Court, Sholinganallur for permanent injuction not to alienate the private passage which is owned by the petitioner and other co-owners. The petitioner along with others filed a suit in O.S.No.
181/2023 before the Sub Court, Alandur seeking for damages for the demolition of compound wall and injunction and both the suits are pending. In such circumstances, the petitioner and others made a representation on 20.02.
unlawful act of the private respondents and the same has not been considered. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners' representation within the stipulated time as fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted that the respondents will be considered and an appropriate orders will be passed on the petitioners representation within the stipulated time as fixed by this Court.
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 4th respondent to consider the petitioners representation and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of. No costs. 14.10.2024
M. DHANDAPANI .J.
rli To:
1. The Assistant Engineer Distribution, TANGEDCO, Corporation Office, Ground Floor, Palavakkam, Chennai.
2. The Assistant Executive Engineer Distribution, TANGEDCO, South 2, L.B.Road, Indira Nagar, Chennai.
3. The Executive Eng inner Distribution, TANGEDCO - O & M/ITC, 110 KV Tidel Park, SS Complex, CSIR Road, Tharamani, Chennai-113.
4. The Superintendent Engineer, TANGEDCO, CEDC South-2, KK. Nagar, Chennai-78.
W.P.NO.29264 of 2024 14.10.2024