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Madras High CourtWP(MD)/3383/2025disposed of

Pappammal v. The Executive Engineer

2025-02-19Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Pappammal : Petitioner Vs.

1. The Executive Engineer, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

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

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to provide an Electricity Connection to the petitioners agricultural land in Survey No. 987/5 with an extent of 0.81.0 hectars situated at D.Edayapatti West Village, Kadavur Taluk, Karur District as per the sanctioned order Letter No.

Se.Po/E.Pa/Ee/O and M./Kulithalai/noticeletter/Aa.No.

052/161/21 (Letter No./Se.Po/E.Pa/Ee/O and M/Kulithalai/Notice Letter/Aa.No.

052/161/21) dated 21.12.2021.

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

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to provide electricity connection to his agricultural land as per the sanction order dated 21.12.2021.

2. The petitioner claims ownership of the property in Survey No. 987/5 measuring to an extent of 0.81.0 hectars situated at D.Edayapatti West Village, Kadavur Taluk, Karur District. She submitted a representation to the respondents 1 and 2, requesting an electricity connection for the said agricultural land. However, since no action has been taken, the petitioner has now filed the present Writ Petition.

3. Heard both sides.

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 2/5

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 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 1 and 2 to consider the petitioner's representation after taking into consideration the sanction letter dated 21.12.2021 and pass appropriate orders on its own merits and 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 four 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 1 and 2 to consider the same on its own merits. 3/5

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 19.02.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Executive Engineer, Generation and Maintenance, TANGEDCO, Kulithalai, Karur District.

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

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.3383 of 2025 19.02.2025 5/5