Madras High CourtWP(MD)/9069/2018disposed of

S.Mohamed Mohideen, v. The Assistant Engineer,

2018-04-24Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9069 of 2018 and WMP(MD)No.8437 of 2018 S.Mohamed Mohideen ... Petitioner vs.

1.The Assistant Engineer, Tamil Nadu Electricity Board, Athirampattinam.

2.The Executive Engineer, Distribution and Maintenance, Tamil Nadu Electricity Board, Palayam, Pattukottai.

3.The Superintendent Engineer, Tamil Nadu Electricity Board, Near Rountana, Vallam Road, Thanjavur.

4.S.Abul Hasim ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to give electricity connection in the property bearing S.No.235/11 and 235/12 situated at Eripurakarai Village, Athirampattinam, Pattukkottai Taluk, Thanjavur District measuring 5 acres 80 cents after disconnecting the electricity connection no.595 issued in the name of the 4th respondent.

For Petitioner : Mr.G.Ravishankar For Respondents : Mr.S.M.S.Johnny Basha, (RR1 to 3) Standing Counsel

O R D E R

Mr. S.M.S.Johony Basha, learned stand counsel, takes notice for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

3.It is the grievance of the petitioner that his representation dated 15.02.2018 seeking to give electricity connection in the property bearing S.No.235/11 and 235/12 situated at Eripurakarai Village, Athirampattinam, Pattukkottai Taluk, Thanjavur District, 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 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 15.02.2018 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 fourth respondent.

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:

The Assistant Engineer, Tamil Nadu Electricity Board, Athirampattinam.

+1cc to M/S.V.Balaji, Advocate SR.No. 63042 W.P.(MD) No.9069 of 2018 and WMP(MD)No.8437 of 2018 24.04.2018 aav JM/KKR/SAR 3/17.05.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/