Muthukumar v. The Chief Engineer (Distribution)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No. 4705 of 2022 Muthukumar .. Petitioner Vs 1.The Chief Engineer (Distribution), Maharaja Nagar, Tirunelveli - 625 011.
2.The Superintending Engineer (Distribution), Distribution Circle, TANGEDCO, Maharaja Nagar, Tirunelveli.
3.The Executive Engineer (Distribution), BDO Office Street, Nalliyoor, Tirunelveli District.
4.The Assistant Engineer (Distribution), Peringudi Main Road, Vadakankulam, Tirunelveli District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents herein to take appropriate action on the representation of the petitioner dated 14.03.2022 in the issue of shifting / transferring of the office of Assistant Engineer, TANGEDCO Perungudi from Perungudi to any other place especially to Avaraikulam, Radhapuram Taluk, Tirunelveli District.
For Petitioner : Mr.R.Kannappan for Mr.K.P.Krishnadoss For Respondents : Mr.S.Deenadhayalan 1/3
ORDER
[Made by PARESH UPADHYAY, J.] This petition is styled as public interest litigation. The prayer clause in the writ petition reads as under:- "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue Writ of mandamus directing the respondents herein to take appropriate action on the representation of the petitioner dated 14.03.2022 in the issue of shifting / transferring of the office of Assistant Engineer, TANGEDCO Perungudi from Perungudi to any other place especially to Avaraikulam, Radhapuram Taluk, Tirunelveli District."
2. We find that, such petition can not be entertained in exercise of powers under Article 226 of the Constitution of India.
3. Mr.Kannappan, learned advocate representing on behalf of learned advocate for the petitioner has requested for adjournment, which we have rejected. Normally accommodation is granted to learned advocates, however when the petitions are filed with such prayer, that too in the form of public interest litigation and after filing of the petition, when there is less motivation on the part of the litigant / counsel to proceeded with the matter, such petition can not be kept pending.
4. For the above reasons, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition would not survive.
Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn/8 To 1.The Chief Engineer (Distribution), Maharaja Nagar, Tirunelveli - 625 011.
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2.The Superintending Engineer (Distribution), Distribution Circle, TANGEDCO, Maharaja Nagar, Tirunelveli.
3.The Executive Engineer (Distribution), BDO Office Street, Nalliyoor, Tirunelveli District.
4.The Assistant Engineer (Distribution), Peringudi Main Road, Vadakankulam, Tirunelveli District.
+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-16660[F] dated 05/04/2022 ) +1 CC to M/s.K.P. KRISHNADOSS, Advocate ( SR-16782[F] dated 06/04/2022 ) W.P(MD)No.6032 of 2022 04.04.2022 RK(25/04/2022) 3P 7C 3/3