R. Rajashekar v. The Assistant Electrical Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.M.P.(MD)No.560 of 2025 R.Rajashekar ... Petitioner Vs.

The Assistant Electrical Engineer, O/o. The Assistant Electrical Engineer, Kodaikanal, Dindigul District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's objection petition dated 24.12.2024 and until then, forbear the respondent from laying objectionable electric lines in T.S.No.2/9, Block 1, Ward C, Kodaikanal, Dindigul District. For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition is filed, seeking to direct the respondent to consider the petitioner's representation dated 24.10.2024, from laying objectionable electric line and pole in T.S.No.2/9, Blcok 1, Ward C, 1/4

Kodaikanal, Dindigul District.

2.Heard the learned counsels on either side and carefully perused the entire materials available on record.

3.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 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.

4.Without going into the merits, this Court hereby direct the respondent to consider the petitioner's representation dated 24.12.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. Till the petitioner's objection is considered, the respondent is directed not to take positive action in the matter of laying electric lines or installation of poles in the aforesaid land.

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5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

10.01.2025 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To The Assistant Electrical Engineer, O/o. The Assistant Electrical Engineer, Kodaikanal, Dindigul District.

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L.VICTORIA GOWRI, J.

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