Velammal v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Velammal : Petitioner Vs.

1. The Superintending Engineer,, Office of Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), No.322, Railway Feeder Road, Tenkasi.

2. The Executive Engineer, Office of Executive Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), 46, Labour Street, Railway Feeder Road, Tenkasi.

3. The Assistant Engineer,, Office of Assistant Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), 46, Labour Street, Railway Feeder Road, Tenkasi.

4. V.Kasipandian : Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of 1/6

India for issuance of Writ of Mandamus, directing the respondents No 1 to 3, to restore electricity supply in Service Connection No. 07-101-008-1637 to the Petitioners house bearing Door no 104-C4Mangammal Salai 40 Feet Road, Tenkasi-627 811 comprised in Survey No.204/1, Ward No 3, Tenkasi Municipality, Tenkasiby considering the petitioners representation dated 03.04.2025.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 to R3

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to restore electricity supply to Service Connection No. 07-101-008-1637 at the petitioner's house bearing Door No. 104-C4, Mangammal Salai, 40 Feet Road, Tenkasi - 627 811, comprised in Survey No. 204/1, Ward No. 3, Tenkasi Municipality, Tenkasi, by considering her representation dated 03.04.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the 2/6

admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

3. The petitioner claims to be the owner of the petitionmentioned property and obtained Electricity Service Connection No. 07-101-008-1637. The grievance of the petitioner is that without any prior notice, opportunity of hearing or intimation, the respondents have unilaterally disconnected the electricity supply to the said premises. The petitioner further submits that she has already submitted a representation dated 03.04.2025 to the official respondents, requesting restoration of the electricity supply and setting out the factual background and her legal entitlement to the service connection. However, till date, no action has been taken by the respondents on her representation.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the third respondent to consider the representation of the petitioner 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 third respondent to consider the petitioner's representation dated 03.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four 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 third 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. 22.04.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Superintending Engineer,, Office of Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), No.322, Railway Feeder Road, Tenkasi.

2. The Executive Engineer, Office of Executive Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), 46, Labour Street, Railway Feeder Road, Tenkasi.

3. The Assistant Engineer,, Office of Assistant Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), 46, Labour Street, Railway Feeder Road, Tenkasi.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.11171 of 2025 22.04.2025 6/6