Csi St. Thomas Church v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CSI St. Thomas Church, Represented by, P. Prakash Gnanadurai.

... Petitioner Vs.

1. The District Collector, Thoothukudi District.

2. The Superintending Engineer, TANGEDCO, Thoothukudi District.

3. The Executive Engineer, TANGEDCO, Surankudi, Thoothukudi District.

4. A. Suyampulingam.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents Nos. 2 and 3 not to effect name transfer of the petitioner's Electricity connection in Nos. 07387012183, 07387012312, 073870121349, 073870121088 and 073870121087 to the 4th respondent or any other parties without holding an enquiry in the manner known to law by considering the petitioner's objection representation dated 10.01.2025.

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For Petitioner : Mr.P.Rajapackiam For Respondents : Mr.D.S.Neduncheliyan (R1) Government Advocate Mr.S.Deenadhayalan (R2 & R3) Standing Counsel

ORDER

This writ petition is filed to forbear the respondents 2 and 3 not to effect name transfer of the petitioner's electricity connection bearing Nos. 07387012183, 07387012312, 073870121349, 073870121088 and 073870121087 to the 4th respondent or any other parties without holding an enquiry in the manner known to law by considering the petitioner's objection / representation dated 10.01.2025.

2. Considering the nature of the order going to be passed 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.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

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4. 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.

5. 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 10.01.2025 and pass appropriate orders on merits and in accordance with law, after putting the petitioner as well as the fourth respondent on notice, within a period of eight weeks from the date of receipt of copy of this order.

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

28.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Thoothukudi District.

2. The Superintending Engineer, TANGEDCO, Thoothukudi District.

3. The Executive Engineer, TANGEDCO, Surankudi, Thoothukudi District.

Order made in Dated:

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