V.Vijayan, v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9214 of 2018 V.Vijayan ... Petitioner vs.

1.The Superintending Engineer Pudukkottai Distribution Circle Pudukkottai 2.The Executive Engineer (Operation & Maintenance) Pachikkottai, Alangudi Pudukkottai District 3.The Assistant Executive Engineer Vadakadu, Pudukkottai District 4.The Assistant Engineer Vadakadu, Pudukkottai District 5.Chinnathurai @ Villalan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to shift the electricity connection from S.No.71-3C1G to S.No.71-3C2 situated in Mangadu Village, Alangudi Taluk, Pudukkottai District, by considering the application of the petitioner, dated 03.03.2018.

For Petitioner : Mr.A.K.Manickam For Respondents : Mr.E.P.Venkateshwar for Mr.S.M.S.Johnny Basha for R1 to R4

O R D E R

Mr.S.M.S.Johnny Basha, learned counsel, takes notice for the respondents 1 to 4. Notice to the fifth 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.

3. It is the grievance of the petitioner that his application dated 03.03.2018 seeking to shift the electricity connection from S.No.71-3C1G to S.No.71-3C2, situated in Mangadu Village, Alangudi Taluk, Pudukkottai District, has not been considered by the respondents 1 to 4 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 application made by the petitioner. It is needless to point out that whenever a application 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 application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's application dated 03.03.2018 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 fifth respondent and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Superintending Engineer Pudukkottai Distribution Circle Pudukkottai 2.The Executive Engineer (Operation & Maintenance) Pachikkottai, Alangudi Pudukkottai District

3.The Assistant Executive Engineer Vadakadu, Pudukkottai District 4.The Assistant Engineer Vadakadu, Pudukkottai District +1cc to Mr.A.K.Manickam, Advocate, SR.No.63537. W.P.(MD) No.9214 of 2018 25.04.2018 KRK RAM/KKR/SAR 1/11.05.2018/3P/6C