Madras High CourtWP(MD)/11980/2018disposed of

S.Selvi, v. The Assistant Engineer,

2018-06-06Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11980 of 2018 and W.M.P.(MD)No.10941 of 2018 S.Selvi : Petitioner Vs.

1. The Assistant Engineer, Operation and Maintenance, TANGEDCO (Tamil Nadu Electricity Board), Thiruvidaimaruthur Taluka, Thanjavur District.

2.K.Sekar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 06.04.2018 and to grant Electricity Service Connection to the petitioner for the building bearing Door No.20/1, Kathayi Amman Kovil Street, Thirubuvanam Village, Thiruvidaimaruthur Taluk, Thanjavur District.

For Petitioner : Mr.T.R.Subramanian For R1 : Mr.S.M.S.Johnny Basha

ORDER

Heard Mr.T.R.Subramanian, learned counsel appearing for the petitioner, Mr.S.M.S.Johnny Basha, learned counsel, who takes notice on behalf of the first respondent.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that her representation, to grant electricity service connection, has not been considered by the first respondent till date and therefore, has filed the present writ petition.

4.It is submitted by the learned Standing counsel appearing for the first respondent that the petitioner's application, dated 06.04.2018 has not been received. He further submits that the second respondent has certain objections for grant of electricity service connection in favour of the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/

5.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 6.

In view of the limited prayer sought for in this writ petition, the petitioner is directed to give fresh representation to the first respondent and there shall be a direction to the first respondent to consider the petitioner's representation on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done, after giving due opportunity to the petitioner as well as the second respondent and any other persons, who may be interested in the subject matter. 7.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Assistant Engineer, Operation and Maintenance, TANGEDCO (Tamil Nadu Electricity Board), Thiruvidaimaruthur Taluka, Thanjavur District.

+1cc to Mr.T.R.Subramanian, Advocate Sr.No.66875 Rmk MK/SV MMS/SAR 2/18.06.2018/2P/3C W.P.(MD)No.11980 of 2018 and W.M.P.(MD)No.10941 of 2018 06.06.2018 https://hcservices.ecourts.gov.in/hcservices/