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Madras High CourtWP(MD)/8300/2018disposed of

Arvind Subramanyam, v. The Executive Engineer

2018-04-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8300 of 2018 Arvind Subramanyam ... Petitioner vs.

1. The Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents to provide electricity connection to the petitioner's apartment in the name of Luxuria Apartment, Madurai Road, Tirunelveli Junction - 627001 Tirunelveli District by considering the representation of the petitioner dated 13.03.2018.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.Kasinatha Durai Standing Counsel

O R D E R

Mr.Kasinathadurai, learned standing counsel, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 13.03.2018 to provide electricity connection to his apartment in the name of Luxuria Apartment, Madurai Road, Tirunelveli Junction - 627001 Tirunelveli District, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 13.03.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli, Tirunelveli District.

+1CC to Mr.Kasinatha Durai, SR.NO.61581.

+1CC to Mr.S.C.Herold Singh, SR.NO.61692.

W.P.(MD) No.8300 of 2018 17.04.2018 AAV PS/KKR/SAR 1/15.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/