K.Parimanam, v. The Assistant Executive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2001 of 2018 K.Parimanam ... Petitioner Vs.

1. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Vannankoil, Ramji Nagar Post, Trichy.

2. S.Alemelu Mangai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to restore the electricity connection in S.C.No.006227-005-581, for Shop No.2, Selva Vinayagar Tea Stall, Venkateswara Complext, Dheeran Nagar, Trichy. For Petitioner : Mr.P.Arun Jayatram For R-1 : Mr.S.M.S.Johnny Basha For R-2 : Mr.B.Rajesh Saravanan

ORDER

The petitioner seeks re-connection of the electricity supply and in this case he had given representation, dated 20.01.2018, which has been kept pending and hence, this Writ petition has been filed.

2.Heard the learned counsel for the petitioner and the respondents and also perused the materials available on record. 3.The learned Standing Counsel appearing for the first respondent submitted that if any specific direction is given to consider the petitioner's representation within a stipulated time, the same will be complied with.

4.On the other hand, the learned counsel appearing for the second respondent submitted that the petitioner herein is not a tenant and he is a trespasser, since eviction order has already been passed and as such he submits that the petitioner is not entitled for service connection.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is needless to point out that whenever any representation seeking for electricity connection or re-connection application is

made, the first respondent is bound to dispose of the same in one way or other, rather than keeping it pending indefinitely.

6. In the instant case, in view of the objection of the second respondent, it would appropriate that the first respondent herein shall consider the petitioner's representation after giving due opportunity to both the parties.

7.In the result, the Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner, after giving due opportunity to the petitioner as well as the second respondent herein and pass appropriate orders on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

8. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Vannankoil, Ramji Nagar Post, Trichy.

+1cc to Mr.P.Arun Jayatram, Advocate Sr.No.60976 MSA VB/SKN/RSK/SAR1/25.04.2018/2P/3C W.P.(MD) No.2001 of 2018 12.04.2018 https://hcservices.ecourts.gov.in/hcservices/