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Madras High CourtWP/37062/2006closed

A.C. Anusuya, v. The Superintending Engineer,

2019-07-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.37062 of 2006

1. A.C.Anusuya ... Petitioner .Vs.

1. The Superintending Engineer, O & M, TNEB, Dharmapuri Electricity District Circle.

2. The Executive Engineer, O & M,TNEB, Royakota Road, Hosur, Krishnagiri District.

3. The Assistant Engineer, Tamil Nadu Electricity Board, O & M, Mathigiri, Krishnagiri District.

4. D.Palani, The Assistant Engineer, Tamil Nadu Electricity Board, O & M, Mathigiri, Krishnagiri District.

... Respondents (R4 impleaded as per order of this Court dated 06.03.2007 made in MP.2/06 in WP.37062/06) Prayer:

Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st and 2nd respondents to take necessary action on the complaint sent by the petitioner dated 23.08.2006.

For Petitioner :Mr.G.Ananthakumar For Respondents :Mr.M.Varunkumar Additional Government Pleader

ORDER

The petitioner has filed this writ petition for issuance of a writ of Mandamus directing the 1st and 2nd respondents to take necessary action on the complaint sent by the petitioner dated 23.08.2006.

2. The case of the petitioner is that the petitioner constructed a house in S.F.No.131/6B2B in Kalukondapally Village. On completion of the construction of house, she applied for electricity connection to the third respondent herein, but she was not provided the same up to the year 2006. After continuous efforts of the petitioner, the 3rd respondent accepted to receive the application only on 04.06.2006. Thereafter, the petitioner paid Rs.1,600/- as charges for effecting service connection to the house of the petitioner on 17.08.2006 and on 18.08.2006, the 3rd respondent after inspecting the house installed the Electricity Board meter and fuse carrier in service connection No.1363. Thereafter, the 3rd respondent demanded bribe from the petitioner and the petitioner refused to pay the same.

Hence, the 3rd respondent came to the house of the petitioner on 23.08.2006 and removed the installed meter in Sc.No.1363. Immediately, the petitioner sent telegram to the Vigilance Officer for taking action against the erred officials. As no action was taken, the petitioner filed this writ petition before this Court.

3. The learned counsel for the petitioner submitted that proper action was not taken against the erred officials, who demanded bribe and enquiry was not conducted in a proper manner. Hence, prays to allow this writ petition.

4. The learned counsel for the respondents submitted that electricity connection was given to the petitioner's residence on 18.08.2006 and thereafter, it was not disconnected. He further submitted when the petitioner's premises was inspected on 16.09.2006, by the Assistant Executive Engineer / O & M/Town/Hosur with VAO & President of Kalukondapally Village, the exelctricity supply was available in the incoming wire at the meter board. He further submitted that the respondent board based on the complaint given by the petitioner intiated vigilance enquiry against the concerned officials and it was found that the allegations were baseless. He further submitted that the petitioner has submitted a fresh application on 03.01.2011 for a new connection and it was also given vide S.C.No.1912, on 07.01.2011,

5. The petitioner has approached this Court with the prayer to restore the connection and to take action against the erred officials. In respect of the prayer sought for, as of now the

first part of the prayer is complied and with respect to second part of the prayer it has been closed by the respondent by way of conducting the enquiry. However, if the petitioner is not satisfied in the manner in which the enquiry was conducted it is open to him to approach the proper forum. With the above observations this writ petition is closed. No costs. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar smn To.

1. The Superintending Engineer, O & M, TNEB, Dharmapuri Electricity District Circle.

2. The Executive Engineer, O & M,TNEB, Royakota Road, Hosur, Krishnagiri District.

3. The Assistant Engineer, Tamil Nadu Electricity Board, O & M, Mathigiri, Krishnagiri District.

+1cc to Mr.M.Varunkumar, Advocate, S.R.No.63773 W.P.No.37062 of 2006 EV(CO) CS/30/09/2019