K. Murugan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Murugan ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Electricity Board Complex, No.30, Near Old Busstand, Pudhukottai District.

2.The Executive Engineer, T.S.No. 6106/6, Kalyanaramapuram, Thirukokarnam, Pudhukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.2 to provide electricity connection to the petitioner's house situated at Door No.34/1A Charles Nagar, Pudhukottai District in light of the application made by the petitioner vide E-Challan receipt dated 20.10.2021 by considering the petitioner's representation dated 28.09.2024. For Petitioner : Mr.K.Dinesh For Respondent : Mr.S.Deenadhayalan, Standing counsel ***** 1/5

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the 2nd respondent to provide electricity connection to the petitioner's house situated at Door No.34/1A Charles Nagar, Pudhukottai District in light of the application made by the petitioner vide E-Challan receipt dated 20.10.2021 by considering the petitioner's representation dated 28.09.2024. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.The petitioner is in occupation and possession of the house situated in Door No.34/1A Charles Nagar, Pudhukottai District, without any hindrance for the past several years and till date the petitioner is remitting the taxes in his name and the last tax receipt paid to the Pudukottai Municipality is also filed. As such, the petitioner made an application seeking electricity connection before the respondents and paid the necessary fees to the respondent department towards a sum of Rs.2,818/- (Rupees 2/5

Two Thousand Eight Hundred and Eighteen only. However, the petitioner's application seeking electricity connection was not considered so far. Hence, the present writ petition came to be filed to direct the respondent No.2 to provide electricity connection to the petitioner's house by considering the petitioner's representation dated 28.09.2024. 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, non-consideration of the representation made to 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 2nd respondent to consider the petitioner's representation dated 28.09.2024 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. 3/5

7.With the above observations, this writ petition is disposed of. No costs.

08.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Tahsildar, Office of Tahsildar, Vadipatti Taluk, Madurai District.

4/5

L.VICTORIA GOWRI, J.

Sml 08.01.2025 5/5