V.S.T.Samsu Thabrees, v. The Tamilnadu Electricity

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.12915 of 2018 and W.M.P.(MD) No.11803 of 2018 V.S.T.Samsu Thabrees ... Petitioner vs.

1.The Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Latchumipathi Road, Egmore, Chennai - 600 008.

2. The Superintending Engineer, Tirunelvli Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Maharaja Nagar, Tirunelveli - 627 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider and pass orders on the representation dated 14.02.2018 in view of the proceedings of the first respondent dated 16.03.2018 on merits and in accordance with law within the period that may be stipulated by this Court.

For Petitioner :

Mr.M.Jerin Mathew For Respondents :

Mr.Kasinathadurai Standing Counsel

O R D E R

Mr.Kasinathadurai, learned Standing Counsel, takes notice on behalf of the respondents.

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 some third parties are trying to erect electricity poles through the petitioner's land. Pursuant to that, the petitioner has got an order of interim injunction from the Civil Court. Even thereafter, the third parties are erecting poles in the petitioner's land and therefore, the petitioner made a representation to the first respondent. The first respondent had directed the second respondent https://hcservices.ecourts.gov.in/hcservices/

to take appropriate action by his proceedings dated 16.03.2018. Since no action has been taken by the second respondent, the petitioner is before this Court.

4. This Court has not expressed any of its view with regard to the merits of the case.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to take action as per the proceedings of the first respondent on merits and in accordance with law, within a period of one month 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 to all the necessary parties who may be interested in the subject land.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, ,connected W.M.P.(MD) No.11803 of 2018 is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Tamil Nadu Electricity Regulatory Commission, No.19A, Rukmini Latchumipathi Road, Egmore, Chennai - 600 008.

2.The Superintending Engineer, Tirunelvli Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Maharaja Nagar, Tirunelveli - 627 001.

+1cc to Mr.M.Jerin Mathew, Advocate, SR.No.69093. W.P.(MD) No.12915 of 2018 and W.M.P.(MD) No.11803 of 2018 18.06.2018 cm RAM/SB/SAR 3/28.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/