T. Umakanthan v. Assistant Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.6143 of 2025 T.Umakanthan ... Petitioner -vs1. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Distribution / Rural, East Section, Bodinayakanur Post and Taluk, Theni District.

2. K. Prabhavathy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to provide new Electricity Service connection to the petitioner's residential house constructed in S.No.1676/4A at Door No.251/I, Anaikaraipatty Post, Bodinayakanur Taluk, Theni District based on the petitioner's application dated 09.01.2025 within the time limit that may be stipulated by this Court. For Petitioner : Mr.S.Sukumar For Respondents : Mr.K.Jeyamohan 1/6

ORDER

This writ petition has been filed seeking a direction to the respondent to provide new Electricity Service connection to the petitioner's residential house situated in S.No.1676/4A at Door No.251/I, Anaikaraipatty Post, Bodinayakanur Taluk, Theni District, based on the petitioner's application dated 09.01.2025 within the time limit as fixed by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself. Since no adverse order is going to be passed against the second respondent, notice to her is dispensed with.

3. The petitioner made representations dated 09.01.2025 and 04.02.2025 to the first respondent, with regard to new electricity service connection to the petitioner's residential house situated in S.No.1676/4A at Door No.251/I, Anaikaraipatty Post, Bodinayakanur Taluk, Theni District. Since the said representations were not considered, the petitioner has filed the present writ petition.

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4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representations dated 09.01.2025 and 04.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the second respondent as well as all other persons, who may be necessary in the subject matter, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 07.03.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Chairman, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.6143 of 2025 Dated:

07.03.2025 6/6