P.Jeyam v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.8316 of 2025

1. P.Jeyam

2. A.Veeranan : Petitioners Vs.

1. The Superintending Engineer, Tamilnadu Generation and Distribution K.Pudhur, Madurai.

2. The Executive Engineer, Tamilnadu Generation and Distribution K.Pudhur, Madurai.

3. The Assistant Executive Engineer, Tamilnadu Generation and Distribution Corporation (TANGEDCO), Madurai Airport, Anuppanadi, Madurai.

4. The Assistant Engineer, Tamilnadu Generation and Distribution 1/6

Perungudi, Madurai.

5. K.Ayyanar

6. K.Murugan : Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to fairly allocate the free electricity service connection No. 123-002-45 situated in S.No. 283/4G, Perungudi village, Tirupparankundram Taluk, Madurai, to the rightful persons, by considering the petitioners representation dated 10.03.2025.

For Petitioners : Mr.S. Mukesh For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 to R4

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to fairly allocate the free electricity service connection No.123-002-45 situated in S.No. 283/4G, Perungudi village, Tirupparankundram Taluk, Madurai, to the rightful persons, by considering the petitioners' representation dated 10.03.2025. 2/6

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 5 and 6 is dispensed with.

3. Alleging that the respondents 5 and 6 are claiming and attempting to secure the allocation of a free electricity connection in Service Connection No.123-002-45, without the knowledge of the petitioner, in respect of a connection that belongs to the petitioners' joint family, the petitioners submitted a representation dated 10.03.2025 to the respondents 1 to 4, requesting that the said free electricity service connection be allocated in favour of the petitioners' family. As no action has been taken, the petitioners have now filed the present Writ Petition.

4. The learned counsel for the petitioners would submit that, it would suffice, if this Court issues a direction to the second respondent to consider the representation of the petitioners and pass appropriate orders, within a time frame that may be stipulated by this court. 3/6

5. 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.

6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioners' representation dated 10.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks 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 second respondent to consider the same on its own merits.

4/6

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.04.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Superintending Engineer, Tamilnadu Generation and Distribution K.Pudhur, Madurai.

2. The Executive Engineer, Tamilnadu Generation and Distribution K.Pudhur, Madurai.

3. The Assistant Executive Engineer, Tamilnadu Generation and Distribution Corporation (TANGEDCO), Madurai Airport, Anuppanadi, Madurai.

4. The Assistant Engineer, Tamilnadu Generation and Distribution Perungudi, Madurai.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.11156 of 2025 22.04.2025 6/6