Thanuskodi v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Thanuskodi ... Petitioner Vs.

1. The Superintending Engineer, Tangedco, T.Kalluppatti, Madurai District.

2. The Assistant Engineer, Tangedco, Saaptoor, S.Vadakkaraipatti, Peraiyur Taluk, Madurai District.

3. Rameshwari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to transfer the name in Electricity Service connection No. 142011767-A from 3rd respondent's name to petitioner's name by considering the petitioner's representation dated 13.11.2024 within the period that may be stipulated by this Court. 1/6

For Petitioner : Mr.G.Chezhiyan For Respondents : Mr.S.Deenadhayalan (R1 & R2) Standing Counsel

ORDER

This writ petition has been filed seeking for a direction to the official respondents to transfer the name in Electricity Service connection No. 142011767-A from the 3rd respondent's name to the petitioner's name by considering the petitioner's representation dated 13.11.2024 within the period that may be stipulated by this Court.

2. Considering the nature of the order going to be passed in this writ petition, notice to the third respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

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4. The petitioner has made a representation dated 13.11.2024 to the official respondents, to transfer the name in Electricity Service connection No. 142011767-A from the 3rd respondent's name to the petitioner's name. Since the same has not been considered, this writ petition has been filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. In view of the same, this Court hereby direct the second respondent to consider the petitioner's representation dated 13.11.2024 after putting notice on the petitioner and the third respondent and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and the third respondent, within a period of six weeks from the date of receipt of copy of this order.

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7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

07.01.2025 NCC : Yes / No Index : Yes / No 4/6

TO:-

1. The Superintending Engineer, Tangedco, T.Kalluppatti, Madurai District.

2. The Assistant Engineer, Tangedco, Saaptoor, S.Vadakkaraipatti, Peraiyur Taluk, Madurai District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 07.01.2025 6/6