Gurusamy v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15664 of 2018 Gurusamy ... Petitioner vs.

1. The Executive Engineer, Tamil Nadu Electricity Board, Distribution-Aruppukottai, Virudhunagar District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Distribution-Veerasolan, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to instruct the second respondent to sanction free electricity service connection and supply of free electricity energy within the time frame that may be stipulated by this Court based on the petitioner's application dated 08.02.2018. For Petitioner : Mr.R.Murugan For Respondents : Mr.Kasinathadurai

O R D E R

Mr.Kasinathadurai, learned counsel takes notice for 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 his application dated 08.02.2018, seeking for free electricity service connection and supply of free electricity energy, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

4. 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 an representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as https://hcservices.ecourts.gov.in/hcservices/

such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation, dated 08.02.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

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

1. The Executive Engineer, Tamil Nadu Electricity Board, Distribution-Aruppukottai, Virudhunagar District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Distribution-Veerasolan, Virudhunagar District.

+1cc to Mr.G.Kasinathadurai, Advocate Sr.No.73755 +1cc to Mr.R.Murugan, Advocate Sr.No.73639 SJI VB/SKN/RSK/SAR2/27.07.2018/2P/5C W.P.(MD) No.15664 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/