Petchiammal v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Petchiammal ... Petitioner -vs1.The Executive Engineer, TANGEDCO, Tenkasi.

2.The Executive Engineer, TANGEDCO (Rural), Tirunelveli.

3.The Assistant Engineer, TANGEDCO, Alangulam, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the service connections of (1) SC.No.200070211124657, (2) SC.No.200070211124658 standing in the name of the petitioner's demised daughter to the name of the petitioner on the basis of the petitioner's representation dated 02.01.2025.

For Petitioner : Mr.M.Sankar For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed for a direction to the respondents to transfer the service connections, namely, (1) SC.No.200070211124657 and (2) SC.No.200070211124658 standing in the name of the petitioner's demised daughter to the name of the petitioner on the basis of the petitioner's representation dated 02.01.2025.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. According to the petitioner, she made a representation to the respondents requesting the transfer of two electricity service connections, namely, SC.No. 200070211124657 and SC.No.200070211124658, which are standing in the name of her deceased daughter, to her name. However, the respondents have not yet considered her request. Therefore, the petitioner has filed the present Writ Petition.

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 him 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 by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 02.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

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

NCC : Yes / No 04.02.2025 Index : Yes / No smn2 To:- 1.The Executive Engineer, TANGEDCO, Tenkasi.

2.The Executive Engineer, TANGEDCO (Rural), Tirunelveli.

3.The Assistant Engineer, TANGEDCO, Alangulam, Tenkasi District.

VIVEK KUMAR SINGH , J.

smn2 04.02.2025