Madras High CourtWP/13269/2017disposed of

S.Ragavan v. The District Collector,

2021-04-27Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.13269 of 2017 and WMP No.14267 of 2017 S. Ragavan ... Petitioner Vs.

1. The District Collector, Office of the District Collector,

2. The Tahsildhar, Gummidipoondi Village,

3. The Village Administrative Officer, Kavarapettai, Gummidipoondi Taluk,

4. The Executive Officer, Gummidipoondi Union, Block Development Officer, Gummidipoondi,

5. The President, Panpakkam Village, Gummidipoondi Taluk,

6. The Superintendent of Engineer (TANGEDCO), Tamil Nadu Electricity Board, Chennai Electricity Distribution Circle, North-Chennai, Thiruvallur District.

7. The Executive Engineer (O & M), Ponneri Distribution Circle, Ponneri, Thiruvallur District.

8. The Assistant Engineer (O & M), Semmai Eclectricity Distribution Circle (North), Kavarapettai, Thiruvallur District.

9. The Assistant Executive Engineer (O & M), Panchetty Distribution Circle,

10. Murugan .... Respondents

PRAYER:

Writ petition filed under Section 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 7th respondent to consider and dispose the petitioner's representation dated 15.05.2017, within the time stipulated by this court, after giving opportunity to the 10th respondent. For petitioner : Mr.A.Ilayaperumal For respondents : Mr.D.Suryanarayanan, Gov. Adv. for R1 to R4 Mr.C.Veera Raghavan for R5 Mr.P.R.Dhilipkumar, Standing counsel for TNEB for R6 to R9 Mr.M.Krishnamoorthy for R10

ORDER

This writ petition has been filed for direction to the 7th respondent to consider and dispose the petitioner's representation dated 15.05.2017, within the time stipulated by this court, after giving opportunity to the 10th respondent.

2. According to the petitioner, he is having bore well in his land in S.No.34/7 of Kilmudhalam Bedu-II Village, Gummidipoondi Taluk, Thiruvallur District and the 10th respondent, who is the owner of the neighbour land, has started to put up bore well in his land in S.No.34/6, within 28 meters from the petitioner's bore well, which is against the Rules and Regulations made by the Government under the Panchayat Act. Therefore he has given his representation dated 15.5.2017 to the respondents 7 to 9 by objecting that the 10th respondent had put bore well within 28 meters from his land and if the 10th respondent comes for getting electricity connection for his new bore well, to inspect and verify the aspects, by giving opportunity to the petitioner. However, the 7th respondent is taking action to grant electricity connection to the 10th respondent. Hence this writ petition.

3. The learned counsel appearing for the 10th respondent, who is the contesting private respondent submitted that the 10th respondent had applied for getting electricity connection to his bore well and the same was effected in his land.

4. Though it is represented that service connection was effected to the 10th respondent, taking into account the submission of the petitioner that the 10th respondent has put

his bore well in his land within 28 meters from the petitioner's land, which is against the Rules and Regulation of the Panchayat Act, and also taking into account the fact that the 7th respondent had effected service connection, without considering the representation of the petitioner dated 15.05.2017, it is appropriate for this court to direct the 7th respondent to consider the representation dated 15.05.2017 made by the petitioner, after giving opportunity to the petitioner as well as the 10th respondent and pass orders on merits in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the observation, this writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mst To