Atheskhan, Rahim Khan And Kajamiyan Thaikka, v. The Executive Engineer
W.P.(MD) No.9599 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD) No.9599 of 2021 Atheshkhan, Rahim Khan and Kajamiyan Thaikka, through its Hereditary Muthavalli, I.Basheer Ahamed Khan Tirunelveli.
... Petitioner vs.
1.The Executive Engineer, TANGEDCO-Urban, Tirunelveli.
2.The Assistant Engineer, TANGEDCO-Urban, Palayapettai, Tirunelveli Town.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the respondents to give EB connection without getting NOC from the petitioner and consequently to direct the respondents to cancel the un-authorized EB connections for the land in survey numbers 76 to 82 and 89 to 91 admeasuring totally 39 acres 58 cents situated at Kandiaperi Village, Tirunelveli Corporation based on the petitioner's representation, dated 18.06.2020. For Petitioner : Mr.T.Selvan For Respondents : Mrs.S.Srimathy Standing Counsel
ORDER
Mrs.S.Srimathy, learned Standing Counsel accepts notice on behalf of the respondents.
2.By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3.This Writ Petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus to forbear the respondents to give EB connection without getting NOC from the petitioner and to direct the respondents to cancel the un-authorized EB connections for the land in S.Nos.76 to 82 and 89 to 91, admeasuring totally 39 acres 58 cents, situated at Kandiaperi Village, Tirunelveli Corporation, based on the petitioner's representation, dated 18.06.2020.
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W.P.(MD) No.9599 of 2021 4.The learned counsel for the petitioner would state that it would be suffice if a direction is given to the respondents to dispose of the representation of the petitioner dated 18.06.2020. 5.The learned Standing Counsel appearing for the respondents would state that the representation of the petitioner dated 18.06.2020 would be considered within a reasonable time. 6.Considering the submissions of the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents and in the light of the facts and circumstances of the case, the respondents are directed to dispose of the representation of the petitioner, dated 18.06.2020, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the parties concerned. 7.With the above direction, the writ petition stands disposed of. No Costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MM Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Executive Engineer, TANGEDCO-Urban, Tirunelveli.
2.The Assistant Engineer, TANGEDCO-Urban, Palayapettai, Tirunelveli Town.
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