S. Sebasti Stephen Sekar v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S. Sebasti Stephen Sekar ... Petitioner Vs.

1. The Superintending Engineer, TANGEDCO, Sivagangai, Sivagangai District.

2. The Assistant Engineer, TANGEDCO, (Distribution), Ilayangudi, Sivagangai District.

3. Michael Arockiasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to shift the electric connection in respect of electricity connection No. 05441024281 situated at 1/238, Kunappanenthal, Ilayangudi Taluk, Sivagangai District, based on the petitioner's representation dated 25.11.2024. 1/5

For Petitioner : Mr. M.Boopathipandiyan For R-1 & R-2 : Mr.S.Deenadhayalan Standing Counsel

ORDER

Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the first and second respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus,to direct the respondents to shift the electric connection in respect of electricity connection No. 05441024281 situated at 1/238, Kunappanenthal, Ilayangudi Taluk, Sivagangai District, based on the petitioner's representation dated 25.11.2024."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner has made a representation on 25.11.2024 to the second respondent to shift the electric connection in respect of electricity connection 2/5

No.054441024281. Since, the same was not considered, the present writ petition came to be filed

5. Considering the limited scope of the relief sought for by the petitioner herein, notice to the third respondent is dispensed with.

6. 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.

7. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

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8. Accordingly, this Writ Petition stands disposed of. No costs. 20.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-

1. The Superintending Engineer, TANGEDCO, Sivagangai, Sivagangai District.

2. The Assistant Engineer, TANGEDCO, (Distribution), Ilayangudi, Sivagangai District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 5/5