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Madras High CourtWP(MD)/11975/2019disposed of

Gunasekarn, v. The Assistant Executive

2019-05-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.11975 of 2019 Gunasekaran ... Petitioner Vs The Assistant Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., K.Pudur, Madurai.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to disconnect the EB service connections in S.C.Nos.05006007398 & 006007397.

For Petitioner : Mr.N.Ananthapadmanabhan for M/s.APN Law Associates For Respondent : Mr.G.Kasinathadurai

ORDER

The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to disconnect the EB service connections in S.C.Nos.05006007398 & 006007397.

2.Mr.G.Kasinathadurai, learned standing counsel takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner submitted that originally, the property measuring an extent of 5 cents, bearing Door No.36, T.S.No.19, Old S.No.177/1 and Plot No.14 of Shankar Nagar, K.Pudur, Madurai, belonged to three persons, viz., Angammal, Ramya and Sundararajan. The petitioner has purchased the said property from the above said three persons by way of sale deed, dated 15.12.1978, vide Document No.3798/78. Thereafter, the petitioner has constructed a house therein. Since his mother purchased the plot next to his property, the Patta to his property was issued wrongly in his mother's name along with her plot.

After the demise of his mother, the petitioner got the patta for the said property. But, he has not taken any steps to change the electricity service connection. After retirement, the petitioner wants to demolish the entire building including his mother's property. In order to facilitate the demolition work, the petitioner made representations dated 10.03.2019 and 04.05.2019 to the respondent. But, the same were not considered by the respondent so far. Hence, https://hcservices.ecourts.gov.

the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.The learned standing counsel appearing for the respondent would submit that the respondent will pass orders on the representation of the petitioner, within a time frame to be fixed by this Court.

5.On perusal of the representations of the petitioner, it is seen that the first representation was dated 11.03.2019 and no date was mentioned in the second representation. However, the learned counsel appearing for the petitioner submitted that it was sent by Registered Post on 04.05.2019.

6.In view of the above, this Court directs the respondent to consider the representation dated 04.05.2019 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of accordingly. No costs. sd/ Deputy Registrar(LA) /True Copy/ Sub Assistant Registrar To The Assistant Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., K.Pudur, Madurai.

+1 CC to Mr.N.ANANTHAPADMANABAN, Advocate ( SR-65906[F] dated 16/05/2019 ) W.P.(MD)No.11975 of 2019 15.05.2019 smn2 MK (21.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/