Madras High CourtWP(MD)/6965/2022disposed of

Rajakili v. The Superintending Engineer

2022-04-13Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Rajakili ... Petitioner Vs.

1.The Superintending Engineer, Dindigul District, Dindigul.

2.The Assistant Engineer, Natham, Dindigul District.

3.Soundram ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 and 2 to consider the petitioner's representation dated 07.03.2022 to transfer the electricity service connection in the name of the petitioner in Service Connection No.052240211409 for the house property situated at Door No.4-133, Middle Street, Punnapatti Village and Post, Natham Taluk, Dindigul District.

For Petitioner : Mr.K.Arunraj For R-1 and R-2 : Mr.S.Deenadhayalan, Standing Counsel.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to consider the petitioner's representation dated 07.03.2022 seeking for transfer of electricity service connection in the name of the petitioner for Service Connection No.052240211409 for the house property situated at Door No.4-133, Middle Street, Punnapatti Village and Post, Natham Taluk, Dindigul District.

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2. The petitioner seeks for transfer of electricity service connection in her name for the aforementioned property. Presently, the said electricity service connection stands in the name of the third respondent. The third respondent is the son of the elder sister of the petitioner. According to the petitioner, she is the absolute owner of the aforementioned property. However, the third respondent was earlier permitted to get electricity service connection in his name by the petitioner. According to her, she now requires the electricity service connection to be transferred in her name.

3. The petitioner has filed documents along with the Writ Petition to establish that she is the owner of the aforementioned property. No prejudice would be caused to the respondents, if the petitioner's representation seeking for transfer of electricity service connection in her name from the name of the third respondent is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent.

4. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 07.03.2022 seeking for transfer of electricity service connection in her name in respect of Service Connection No.052240211409 for the house property situated at Door No.4-133, Middle Street, Punnapatti Village and Post, Natham Taluk, Dindigul District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent including granting them the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Superintending Engineer, Dindigul District, Dindigul.

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2.The Assistant Engineer, Natham, Dindigul District.

+1 CC to M/s.K. ARUNRAJ, Advocate ( SR-19123[F] dated 18/04/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-19504[F] dated 19/04/2022 ) 13.04.2022 MGJ(27.04.2022) 3P 5C 3/3