Uma Maheshwari v. The Chief Engineer (Distribution)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.554 of 2025 Uma Maheshwari ... Petitioner Vs.
1.The Chief Engineer (Distribution), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Trichy Region, Thennur, Trichy - 620 017.
2.The Executive Engineer (Operation and Maintenance), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Thuraiyur, Thuraiyur Taluk, Trichy District.
3.The Executive Engineer (Operation and Maintenance), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Koppampatti, Thuraiyur Taluk, Trichy District.
4. P.Muthusamy ... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent No.3 to conduct enquiry as per the direction of this Court in WP(MD).No.18482 of 2024 dated 02.08.2024 and consequently direct the 3rd respondent to consider the petitioner's representation dated 17.12.2024. For Petitioner : Mr.S.B.Kayvin Prince For Respondents : Mr.S.Deenadhayalan (R1 to R3) Standing Counsel.
ORDER
This writ petition has been filed seeking for a direction to consider the petitioner's representation dated 17.12.2024 requesting the third respondent to conduct enquiry as per the direction of this Court in WP(MD).No.18482 of 2024 dated 02.08.2024.
2. Considering the limited scope of the relief sought for in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
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3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.
4. The fourth respondent earlier filed a writ petition before this Court in WP(MD)No.18482 of 2024 seeking for a direction to the respondents to provide electricity service connection to his rice mill under the Industries (non metro) Tariff, by considering his application. This Court allowed the said writ petition by order dated 02.08.2024 on condition that the fourth respondent as well as the petitioner herein should be given an opportunity of hearing, before a final decision is taken by the authorities in the matter of giving electricity service connection to the fourth respondent. Since the petitioner was not given an opportunity of hearing, the petitioner made a representation dated 17.12.2024 in this regard. Since the same is not 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 3/6
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, without going into the merits of the case, hereby direct the official respondents to consider the petitioner's representation dated 17.12.2024 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.
7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.
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TO:- 1.The Chief Engineer (Distribution), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Trichy Region, Thennur, Trichy - 620 017.
2.The Executive Engineer (Operation and Maintenance), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Thuraiyur, Thuraiyur Taluk, Trichy District.
3.The Executive Engineer (Operation and Maintenance), Tamil Nadu Generation and Power Distribution Corporation Limited (TANGEDCO), Koppampatti, Thuraiyur Taluk, Trichy District.
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L.VICTORIA GOWRI, J.
Sm Order made in W.P.(MD)No.554 of 2025 Dated:
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