Valarmathi v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Valarmathi ... Petitioner -vs1.The Executive Engineer, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

2.The Assistant Engineer, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to provide an Electricity Connection to the petitioner's agricultural land in No.1975-4, situated at D.Edayapatti East, Nadukkalam, Kulithalai Taluk, Karur District, as per the sanctioned order Letter No.Se.Po/E.Pa./Ee/O & M./Kulithalai/notice letter/A.No. 052/70/21 (fbj vz;./nr.ngh/,.g./Ee/O & M./ Kulithalai/mwptpg;Gfbjk;/m.vz;.052/70/21) dated 27.12.2021.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed for a direction to the first respondent to provide an Electricity Connection to the petitioner's agricultural land in No. 1975-4, situated at D.Edayapatti East, Nadukkalam, Kulithalai Taluk, Karur District, as per the sanctioned order Letter No.Se.Po/E.Pa./Ee/O & M./Kulithalai/notice letter/A.No. 052/70/21, dated 27.12.2021.

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 applied for a 5-HP electricity connection under Application No.120, dated 03.09.2009, to the first respondent. The respondents responded that her application would be considered on seniority basis. However, the first respondent took no action on her application for the past 16 years. Furthermore, the first respondent directed the petitioner to provide documents related to the ownership of the land. Pursuant to the same, the

petitioner personally appeared and submitted the required documents. Since the first respondent has failed to provide an electricity connection to her agricultural land, 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 first respondent herein to consider the representation sent by the petitioner on 09.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, 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 first respondent 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, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

2.The Assistant Engineer, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

VIVEK KUMAR SINGH , J.

smn2 04.02.2025