Madras High CourtWP(MD)/7205/2022disposed of

Mercylin v. The Superintending Engineer

2022-04-19Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.7205 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.7205 of 2022 and W.M.P.(MD)Nos.5440 and 5441 of 2022 Mercylin ... Petitioner vs.

1.The Superintending Engineer, Tamilnadu Electricity Generation and Distribution Corporation Limited, Nagercoil, Kannyakumari District.

2.The Deputy Engineer (Distribution), Tamilnadu Electricity Generation and Distribution Corporation Limited, Eraniel, Kannyakumari District.

3.The Junior Engineer, Tamilnadu Electricity Generation and Distribution Corporation Limited, Eraniel, Kannyakumari District.

4.Christopher ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent vide his proceedings Ka.No.ENiPo/Vi/Erani/A.305 dated 22.03.2022 and to quash the same as illegal and consequently, to direct the third respondent to drop the proceedings initiated by him to draw the electric line through the petitioner's property situated in Sy.No.628/4 to the extent of 25 cents Eraniel village by considering his objection dated 29.03.2022.

For Petitioner :Mr.K.P.Narayanakumar For R1 to R3 :Mr.S.Deenadhayalan

O R D E R

The main grievance of the petitioner in this Writ Petition is that despite a specific direction given by this Court on 10.02.2022 in W.P.(MD)No.2748 of 2022 that the petitioner should be given an opportunity of hearing with regard to the fourth respondent's application seeking for electricity service connection, the petitioner has not been called for enquiry by the official respondents.

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W.P.(MD)No.7205 of 2022 2.The learned Standing Counsel for the official respondents would now submit that the official respondents are willing to hear the petitioner before granting any electricity service connection to the fourth respondent. The said statement is recorded. 3.After recording the statement made by the learned Standing Counsel for the official respondents, this Court directs the third respondent to give an opportunity of hearing to the petitioner and also permit him to produce all the necessary documents/records and also granting him the opportunity of personal hearing with regard to the electricity service connection applied by the fourth respondent and thereafter, pass final orders on the fourth respondent's application seeking for electricity service in compliance with the direction given by this Court earlier in W.P.(MD)No.2748 of 2022 on 10.02.2022.

4.With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Cmr To 1.The Superintending Engineer, Tamilnadu Electricity Generation and Distribution Corporation Limited, Nagercoil, Kannyakumari District.

2.The Deputy Engineer (Distribution), Tamilnadu Electricity Generation and Distribution Corporation Limited, Eraniel, Kannyakumari District.

3.The Junior Engineer, Tamilnadu Electricity Generation and Distribution Corporation Limited, Eraniel, Kannyakumari District.

+1 CC to M/s.K.P.Narayanakumar, Advocate ( SR-19841[F] dated 20/04/2022 ) +1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-20289[F] dated 21/04/2022 ) W.P.(MD)No.7205 of 2022 19.04.2022 MGJ(27.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2