Rajalakshmi v. The Superintendent Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Rajalakshmi ... Petitioner -vs1.The Superintendent Engineer, Office of the Superintendent Engineer, Pidukkottai Electricity Distribution Taluk, Pudukkottai District.
2.The Assistant Engineer, Office of the Assistant Engineer (TANGEDCO), Subramaniyapuram Post, Arandhangi Taluk, Pudukkottai District.
3.The Executive Engineer, Office of the Executive Engineer (TANGEDCO), Aranthangi Taluk, Pudukkottai District.
4.Murugan @ Muniyayya ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from drawing electric line from the post situated near by petitioner's house in S.F.No.35/4A2C, 35/4B2, Vijayapuram Revenue Village, Aranthangi Taluk, Pudukkottai District, to the fourth respondent's asbestos shed situated on the far east of petitioner's house
by considering petitioner's representation dated 02.12.2024, in accordance with law, within the time stipulated by this Court. For Petitioner : Mr.M.Gandhirajan For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel
ORDER
This Writ Petition has been filed to forbear the respondents 1 to 3 from drawing electric line from the post situated near by petitioner's house in S.F.Nos. 35/4A2C and 35/4B2, Vijayapuram Revenue Village, Aranthangi Taluk, Pudukkottai District, to the fourth respondent's asbestos shed, situated on the east of the petitioner's house, by considering petitioner's representation dated 02.12.2024, in accordance with law.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the fourth respondent, notice to the fourth respondent is hereby dispensed with.
4. According to the petitioner, she submitted a representation dated 02.12.2024, raising serious objections for drawing of an electric line from the electric post situated near her house and across her balcony. However, no action has been taken by the officials so far. Therefore, the petitioner has filed the present writ petition.
5. Heard the learned counsel appearing for the parties.
6. 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.
7. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated
02.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the fourth respondent, as well as all other persons, who may be interested in the subject matter, within a period of two months 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 third respondent to consider the same on its own merits.
8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 13.03.2025 Index : Yes / No smn2 To:- 1.The Superintendent Engineer, Office of the Superintendent Engineer, Pidukkottai Electricity Distribution Taluk, Pudukkottai District.
2.The Assistant Engineer, Office of the Assistant Engineer (TANGEDCO), Subramaniyapuram Post, Arandhangi Taluk, Pudukkottai District.
3.The Executive Engineer, Office of the Executive Engineer (TANGEDCO), Aranthangi Taluk, Pudukkottai District.
VIVEK KUMAR SINGH , J.
smn2 13.03.2025