Madras High CourtWP(MD)/8841/2018disposed of

M/S.Sri Kamatchiamman Plastics v. The Tamilnadu Electricity

2018-04-20Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8841 of 2018 M/s.Sri Kamatchiamman Plastics, Rep. by its Partner Mr.V.Mohan Kumar No.197/26,Main Road, Melasathram, Co-Operative Nagar,Valayapettai, Kumbakonam.

... Petitioner vs.

1. The Tamil Nadu Electricity Board, Rep. by its Superintending Engineer, CEDC, No.1, Vallam Road, Thanjavur- 613 007.

2. The Thanjavur Engineer (O&M) Town West /TANGEDO, Kumbakonam, Kumbakonam Taluk, Thanjavur District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant electricity service connection to the petitioner firm at S.No.197/26 based on the petitioner's representation dated 15.12.2017.

For Petitioner : Mr.S.Sai Sathyajith For Respondents : Mr.E.P.Venkatesh for Mr. SMS. Johnny Basha

O R D E R

Mr.E.P.Venkatesh, learned 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 15.12.2017 seeking to grant electricity service connection to his firm at S.No.197/26 , has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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 https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to consider the petitioner's representation dated 15.12.2017 on its own merits and take further action in accordance with law, within a period of two 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. Consequently, connected miscellaneous petition is closed.

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

1. The Superintending Engineer, Tamil Nadu Electricity Board, CEDC, No.1, Vallam Road, Thanjavur- 613 007.

2. The Thanjavur Engineer (O&M) Town West /TANGEDO, Kumbakonam, Kumbakonam Taluk, Thanjavur District.

+1cc to Mr.S.Sai Sathyajith, Advocate Sr.No.62862 AAV VB/SV/MMS/SAR2/14/05/2018/2P/4C W.P.(MD) No.8841 of 2018 20.04.2018 https://hcservices.ecourts.gov.in/hcservices/