R.Subhashini, v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16116 of 2018 R.Subhashini ... Petitioner vs.

1. The Superintending Engineer, Tamil Nadu Electricity Board, Meenakshinayakanpatti, Dindigul 624 002.

2. The Executive Engineer (North), Tamil Nadu Electricity Board, Nehruji Nagar, Dindigul 624 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.07.2018 for shifting the transformer erected by the respondents in Mythri Apartment, 42, Vivekananda Nagar, Dindigul within a time frame as may be prescribed by this Court.

For Petitioner : Mr.Y.Prakash For Respondents : Mr.S.M.S.Johny Basha Standing Counsel

O R D E R

Mr.S.M.S.Johny Basha, learned Standing 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 her representation dated 07.07.2018 seeking for shifting the transformer erected by the respondents in Mythri Apartment, 42, Vivekananda Nagar, Dindigul, has not been considered by the respondents till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is

needless to point out that whenever an application 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 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 application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 07.07.2018, on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to 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 (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Superintending Engineer, Tamil Nadu Electricity Board, Meenakshinayakanpatti, Dindigul 624 002.

2. The Executive Engineer (North), Tamil Nadu Electricity Board, Nehruji Nagar, Dindigul 624 001.

+ 1 CC TO Mr.Y.PRAKASH, ADVOCATE IN SR No. 74557 RMI TE/RSK/SAR-4 : 01/08/2018 : 2P/4C W.P.(MD) No.16116 of 2018 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/