Madras High CourtWP/16626/2017disposed of

V.Balaji, v. The Asssistant Executive

2018-10-22Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 16626 of 2017 and W.M.P. No.18014 of 2017 V. Balaji Petitioner Vs

1. The Assistant Executive Engineer / Junior Engineer Operation and Maintenance Tangedco Meyyanur Salem.

2. The Tahsildar Salem District Salem.

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, to issue writ of Certiorari Mandamus, to call for the records of the order of the 1st respondent in K.No.U.Pa/E & P / Meyyanur /K / Pu. Representation/ A.No. 326/15-16 dated 29.03.2016 quash the same and consequently direct the 1st respondent to restore the electricity connection in Electricity Connection No.453-007-1386, Alagapuram Village, Ward C, Block 7, Survey No.2/11B, Salem Taluk, Salem District. For Petitioner : Mr.A. Tamilrajan For Respondents : Mr. S.K. Rameshwar for R1 Mr. J. Ramesh Additional Govt. Pleader for R2

ORDER

The petitioner has come up with the present writ petition to quash the order dated 29.03.2016 passed by the first respondent. It is stated by the first respondent in the impugned order that the property in question has been acquired by the Tamil Nadu Housing Board on 31.08.1990 and in view of the same, the District Revenue Officer and Tahsildhar were taking steps to https://hcservices.ecourts.gov.in/hcservices/

recover the lands and handover the same to the Tamil Nadu Housing Board and hence, the claim of the petitioner was rejected.

2. However, the learned counsel for the petitioner, during the course of his argument, restricted the relief sought in this writ petition, to the effect of directing the respondents to reconsider the issue involved herein, on the basis of the documents, as sought for by the department, after conducting proper enquiry, for which, the learned counsel appearing for the respondents has no serious objections.

3. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court by setting aside the impugned order directs the petitioner to produce all the required documents to the respondents within a period of two weeks from the date of receipt of a copy of this order. On such production, the respondents shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of six weeks thereafter.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar vsi 2 To

1. The Assistant Executive Engineer / Junior Engineer Operation and Maintenance Tangedco, Meyyanur,Salem

2. The Tahsildar Salem District,Salem +1cc to M/s.T.Dharani, Advocate SR.No.71898 W.P.No.16626 of 2017 NRJK(CO) GMY(28/11/2018) https://hcservices.ecourts.gov.in/hcservices/