Sujith Leo Kingston v. The Executive Engineer (Operating And Maintenance)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Sujith Leo Kingston : Petitioner Vs.
1. The Executive Engineer (Operating and Maintenance), Tamil Nadu Electricity Board, Trichy Power Distribution East, Trichy.
2. The Assistant Engineer (Operation and Maintenance), Thuvakudi Division (West), Trichy, Trichy District.
3. V.Sudha : Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to cancel the 3rd Respondents electricity connection in Survey No.450 in Thuvakudi Village, Thiruverumbur Taluk, Trichy District by considering petitioners representation dated 17.01.2025 within a time frame fixed by this Honourable Court.
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For Petitioners : Mr. J.Senthil Kumaraiah For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 and R2
O R D E R
This Writ Petition has been filed seeking a direction to the first respondent to cancel the electricity connection of the third respondent in Survey No. 450, Thuvakudi Village, Thiruverumbur Taluk, Trichy District, in accordance with the petitioner's representation dated 17.01.2025.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with.
3. The petitioner claims ownership of the property in Survey No.450 measuring to an extent of 1744 Sq.ft. situated at Thuvakudi Village, Thiruverumbur Taluk, Trichy District. The petitioner's grievance 2/6
is that the third respondent, who has no connection to the land, attempted to occupy a portion of it by constructing a room and illegally obtaining an electricity connection. The petitioner submitted a representation to respondents 1 and 2, requesting action against the illegal electricity connection. However, since no action was taken, the petitioner has filed the present Writ Petition.
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, non-consideration 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 1 and 2 to consider the petitioner's representation dated 17.01.2025 and pass appropriate orders on its own 3/6
merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks 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 1 and 2 to consider the same on its own merits.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 11.03.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Executive Engineer (Operating and Maintenance), Tamil Nadu Electricity Board, Trichy Power Distribution East, Trichy.
2. The Assistant Engineer (Operation and Maintenance), Thuvakudi Division (West), Trichy, Trichy District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.6451 of 2025 11.03.2025 6/6