Tmt.Devaki v. The Junior Engineer (O&M)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 1.7.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.15234 of 2017 Devaki W/o.Late Ramalingam @ Jothi, 31 Bajanaikoil Street, Periyakaranam Village, Ponneri Taluk Tiruvallur District.

...Petitioner

Vs.

1 The Junior Engineer (O&M) TANGEDCO Ponneri Town, Tamilnadu Electricity Board, Vembakkam, Ponneri Taluk, Tiruvallur District.

2 Chinnayan S/o.Govindan, Periya Kavanam Colony, Ponneri Post & Taluk, Tiruvallur District.

...Respondents

Prayer :

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent herein to give electricity service connection to the petitioner's property at S.No.43/4 Periyakaranam Village Ponneri Taluk Tiruvallur District.

For Petitioner : Mr.J.Ramakrishnan For Respondent No.1 : Mr.P.R.Dhilipkumar, Standing Counsel for T.N.E.B.

For Respondent No.2 : No appearance *****

O R D E R

According to the petitioner, petitioner was in possession and enjoyment of the property comprised in S.No.43/4,

Periyakaranam Village. The said property belongs to the petitioner's husband and family members. After the demise of the petitioner's husband, the petitioner has become owner of the said property. The said property is a dwelling house. The second respondent filed a suit in O.S.No.321 of 2004 for permanent injunction and the suit was decreed on 11.2.2010 and the appeal filed by the petitioner is still pending. In the meantime, the petitioner approached the first respondent to provide electricity service connection and his representation is still pending with the first respondent. According to the learned counsel appearing for the petitioner, it would be suffice to direct the first respondent to consider his representation and pass orders on merit.

2. The learned Standing Counsel appearing for the respondent Board would submit that the representation of the petitioner will be considered and orders will be passed in accordance with law.

3 None appeared for the second respondent.

4. In view of the limited scope of the prayer as sought for by the counsel appearing for the petitioner and no prejudice will be caused to the second respondent, this Court is inclined to direct the first respondent to consider the representation made by the petitioner, dated 7.2.2015 and pass appropriate orders on its own merit and in accordance with law, as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of copy of this order, after providing an opportunity to the petitioner. The petitioner shall produce necessary documents before the first respondent along with this order copy, if necessary.

5. The writ petition stands disposed of with the above directions. No costs.

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

To The Junior Engineer (O&M) TANGEDCO Ponneri Town, Tamilnadu Electricity Board, Vembakkam, Ponneri Taluk, Tiruvallur District.

+1cc to Mr.J.Ramakrishnan, Advocate, S.R.No.30943 W.P.No.15234 of 2017 RSV(CO) SU(26/07/2021)