K. Chinnammal v. Junior Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.19885 of 2015 K.Chinnammal ... Petitioner Vs.

1.The Junior Engineer, Distribution/Urban TANGEDCO, Shanthi Nagar, Palayamkottai, Tirunelveli District.

2.The Executive Officer, Arulmigu Venkatachalapathi Temple, Thimmarajapuram, Tirunelveli District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the first respondent to give electricity supply to the petitioner's house in Door No.285, Thimmarajapuram, Tirunelveli-627 753 without insisting NOC to be obtained from the second respondent.

For Petitioner :Mr.K.Saravanan For Respondents:Mr.G.Kasinatha Durai Standing Counsel for TANGEDCO for R.1

ORDER

Mr.G.Kasinatha Durai, learned Standing Counsel takes notice for the first respondent.

2. The petitioner seeks for a Mandamus directing the first respondent to give electricity supply to her house in Door No.285, Thimmarajapuram, Tirunelveli, without insisting no objection certificate from the second respondent.

3. The learned Counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the first respondent submitted that the petitioner may be permitted to place all relevant materials in support of her claim before the first respondent, who in turn will conduct an enquiry after issuing notice to the second respondent as well and pass an appropriate order. The learned Counsel appearing for the petitioner has also submitted that in the similar circumstances, this Court has passed an order in W.P.(MD)No.5006 of 2015, dated 07.04.2015, directing the Electricity Authority to conduct such enquiry. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner, the first

respondent is directed to conduct an enquiry after putting the second respondent also on notice and pass appropriate orders based on the materials placed before him by both the petitioner as well as the second respondent. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order.

5. With these observations and directions, as this Writ Petition is disposed of without affecting the rights of the second respondent, notice to the second respondent is dispensed with. No costs. sd/- Assistant Registrar (CS II) /True copy/ Sub Assistant Registrar To 1.The Junior Engineer, Distribution/Urban TANGEDCO, Shanthi Nagar, Palayamkottai, Tirunelveli District.

2.The Executive Officer, Arulmigu Venkatachalapathi Temple, Thimmarajapuram, Tirunelveli District.

+1cc to Mr.K.Saravanan, Advocate SR.No.64638 sm:SK-SKN:16.11.2015:2P/4C W.P.(MD)No.19885 of 2015 02.11.2015 https://hcservices.ecourts.gov.in/hcservices/