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Madras High CourtWP(MD)/5543/2019disposed of

R.Natarajan, v. The Superintendent Engineer,

2019-07-26Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.5543 of 2019 R.Natarajan ... Petitioner Vs.

1.The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), N.R.T.Nagar Main Road, Theni District.

2.The Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Municipal Corporation Complex, Vaigai Road, Periyakulam, Theni District.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), East Sub - Division, S.S.Puram, Andipatty, Theni District.

4.The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Rajathani, Andipatty, Theni District.

5.Karupannan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the fourth respondent to disconnect the fifth respondent's service connection in S.C.No.521 and restore service connection in S.C.No.12 in the name of the petitioner at S.No.133/4 as per the Revenue documents with the light of the petitioner's representation dated 09.02.2019 as earliest within a time frame fixed by this Court.

For Petitioner :

Mr.J.Senthil Kumaraiah For RR 1 to 4 :

Mrs.M.Rajeswari for Mr.S.M.S.Johny Basha

ORDER

The prayer in this Writ Petition is for a Mandamus directing the fourth respondent to consider the representation of the petitioner dated 09.02.2019 and disconnect the fifth respondent's service connection in S.C.No.521 and restore service connection in S.C.No.12 in the name of the petitioner at S.No.133/4, as per revenue documents.

2.When the matter was called for hearing on 25.07.2019, learned counsel for respondents 1 to 4 circulated a copy of an order dated 25.02.2019, which disposes the petitioners' representation dated 09.02.2019. Copy of the aforesaid has been supplied to learned counsel for the petitioner at the hearing on 25.07.2019 and the matter was adjourned today ie., on 26.07.2019, to enable him to obtain instructions.

3.Today, ie., on 26.07.2019, learned counsel for the petitioner, points out that no opportunity has been granted to the petitioner prior to the disposal of the representation. 4.This manner of disposal of representation is clearly not acceptable and respondents 1 to 4 would have to hear the petitioner as well as all other concerned parties, who are proper and appropriate, prior to passing an order upon the representation. 5.Learned counsel for respondents 1 to 4 concurs on the position that since no opportunity was extended to the petitioner or any other interested party, it would be in the fitness of things that the fourth respondent is directed to hear the representation of the petitioner, after affording personal opportunity of hearing to the petitioner as well as the fifth respondent and all other interested and genuine parties and pass orders in accordance with law and in line with the principles of natural justice, within a period of four weeks from today.

6.Order dated 25.02.2019 is, by consent expressed by learned counsel for the official respondents, quashed. This Writ Petition is disposed in the aforesaid terms. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS )

To 1.The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), N.R.T.Nagar Main Road, Theni District.

2.The Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Municipal Corporation Complex, Vaigai Road, Periyakulam, Theni District.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), East Sub - Division, S.S.Puram, Andipatty, Theni District.

4.The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), Rajathani, Andipatty, Theni District.

+1 CC to Mr.J.SENTHILKUMARAIAH, Advocate SR-77864. W.P(MD)No.5543 of 2019 26.07.2019 CS(10.09.2019) 3P 6C