Madras High CourtWP/34541/2024disposed of

P.Balasubramaniam v. The Chief Engineer / Distribution

2024-11-26Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Balasubramaniam ... Petitioner vs.

1.The Chief Engineer/Distribution, Tamil Nadu Generation and Distribution Corporation Ltd., Coimbatore Region, P.B. No. 2940, Tatabad, Coimbatore - 641 012.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Palladam Electricity Distribution Circle, Palladam, Tiruppur District 3.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Palladam 4.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Palladam 5.Chitradevi 6.Madhumitha Subhasree 7.Sri. Vigneshwaran @ Shri Vignesh ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 4 to consider the petitioner's representation dated 10.10.2024 and forbearing the Respondent No:3 & 4 from providing electricity connection in Survey No. 363/2D1 and Survey No. 363/2D2 to Respondent No:5 to 7, who had forged petitioner's signature and submitted a Notarized No-Objection Certificate. For Petitioner : Mr.G.R.Deepak For R1 to R4 : Mr.L.Jaivenkatesh Standing Counsel (TNEB)

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 4, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents 1 to 4 to consider his representation dated 10.10.2024 and pass an order forbearing the respondents 3 and 4 from providing electricity service connection in favour of respondents 5 to 7 in respect of the lands situated in Survey No.363/2D1 and Survey No.363/2D2.

3. It is the case of the petitioner that the above mentioned property 2/6

jointly belonged to the petitioner and his deceased brother's legal representatives namely private respondents 5 to 7. It is further stated by the petitioner that private respondents produced certain bogus document before the Official Respondents as if, the petitioner said no objection for new service connection and also change of name in the existing service connection. Therefore, the petitioner submitted a representation before the Official Respondents on 10.10.2024 raising objection with regard to the new electricity service connection and change of existing service connection in favour of private respondents 5 to 7. The said representation has not been considered till date. Hence, the petitioner is before this Court.

4. Mr.L.Jaivenkatesh, learned Standing Counsel (TNEB), who is taking notice for the Official Respondents 1 to 4, would submit that the representation of the petitioner dated 10.10.2024 will be considered by the 4th respondent on its own merits and in accordance with law, within the time stipulated by this Court.

5. In view of the allegations made by the petitioner in his 3/6

representation against the private respondents 5 to 7, this Court without expressing any opinion on the merits of the matter, is inclined to direct the 4th respondent to consider the representation of the petitioner dated 10.10.2024 and pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order, after issuing necessary notice to the petitioner and private respondents 5 to 7.

6. With the above direction, the Writ Petition stands disposed of. No costs.

26.11.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Chief Engineer/Distribution, Tamil Nadu Generation and Distribution Corporation Ltd., Coimbatore Region, P.B. No. 2940, Tatabad, Coimbatore - 641 012.

S.SOUNTHAR, J.

dm 26.11.2024 6/6