Ramu C v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH C.Ramu ... Petitioner -vs1.The Executive Engineer, TANGEDCO, Abiramam, 2.The Assistant Executive Engineer, TANGEDCO, Kamuthi, 3.The Executive Engineer (Distribution), TANGEDCO, Paramakudi, 4.The Superintending Engineer, TANGEDCO, Ramanathapuram, 5.G.Rakku ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the electricity connection in S.C.No.05-351-013-198 to the petitioner name, situated at Survey

No.339/5, to an extent of 188 cents in Nallukurichi Village, Vickramapandiapuram Group, Ramanathapuram District, from the name of G.Rakku, by considering the representation dated 24.03.2025. For Petitioner : Mr.K.Anbumanikandan Tamilsuriyan For R1 to R4 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to transfer the electricity connection in S.C.No.05-351-013-198 to the petitioner's name, situated at Survey No.339/5, to an extent of 188 cents in Nallukurichi Village, Vickramapandiapuram Group, Ramanathapuram District, from the name of G.Rakku/the fifth respondent herein, by considering the petitioner's representation dated 24.03.2025.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the fifth respondent, notice to the fifth respondent is hereby dispensed with.

4. The petitioner submits that, taking advantage of his absence, the fifth respondent obtained the transfer of the electricity service connection in her name. Therefore, the petitioner submitted a representation dated 24.03.2025 to the respondents 1 to 4. Since it has not been considered so far, the petitioner has filed the present Writ Petition

5. Heard both sides.

6. 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.

7. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated

24.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as the fifth respondent, within a period of two months 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 third respondent to consider the same on its own merits.

8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 02.04.2025 Index : Yes / No smn2 To:- 1.The Executive Engineer, TANGEDCO, Abiramam, 2.The Assistant Executive Engineer, TANGEDCO, Kamuthi,

3.The Executive Engineer (Distribution), TANGEDCO, Paramakudi, 4.The Superintending Engineer, TANGEDCO, Ramanathapuram,

VIVEK KUMAR SINGH , J.

smn2 02.04.2025