A.Lazar v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Lazar : Petitioner Vs.

The Assistant Engineer, TANGEDCO, Piththaalaipatti, Athur, Dindigul District.

: Respondent P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to transfer the existing Electricity Service Connection No. 05233001875 from temporary electricity service connection to permanent electricity service connection in the petitioner dwelling house at S.No. 30/7A respectively situated at Alamarathupatti Village, Athur Taluk, Dindigul District.

For Petitioner : Mr.S.Louis For Respondent : Mr.S.Deenadhayalan 1/5

O R D E R

This Writ Petition has been filed seeking a direction to the the respondent to transfer the existing electricity Service Connection No. 05233001875, from temporary electricity service connection to permanent electricity service connection pertaining to the dwelling house at S.No. 30/7A, Alamarathupatti Village, Athur Taluk, Dindigul District.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner's case is that he obtained a temporary electricity service connection for the construction of his house. The petitioner's grievance is that, despite the completion of the construction, the respondent has not converted the electricity connection from Tariff VI to Tariff 1A. In this regard, the petitioner submitted a representation to the respondent requesting the tariff change. However, since no action has been taken, the petitioner has now filed the present Writ Petition. 2/5

4. The learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent to consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

5. 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.

6. In the light of the above observations, there shall be a direction to the respondent to consider the petitioners' representation dated 13.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners, as 3/5

well as all other persons, who may be interested in the subject matter, within a period of eight 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 respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 20.03.2025 Index : Yes / No Internet : Yes / No PKN To The Assistant Engineer, TANGEDCO, Piththaalaipatti, Athur, Dindigul District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7543 of 2025 20.03.2025 5/5