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Madras High CourtWP(MD)/13651/2020disposed of

Hajara Banu v. The Superintending Engineer,

2020-11-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and M.P.(MD)No.11363 of 2020 Hajara Banu ... Petitioner Vs

1. The Superintending Engineer, Tamilnadu Generation and Distribution Corporation (TANGEDCO) (O & M), Karur Electricity Distribution Circle, TNEB Complex, No.3, Kovai Road, Karur - 639 002.

2. The Executive Engineer (Rural), Tamilnadu Generation and Distribution Corporation (TANGEDCO), Karur Electricity Distribution Circle, TNEB Complex, No.3, Kovai Road, Karur - 639 002.

3. The Assistant Executive Engineer (O & M), Tamilnadu Generation and Distribution Corporation (TANGEDCO), Chinnadharapuram, Aravakurichi Taluk, Karur District.

4. The Assistant Engineer (O & M), Tamilnadu Generation and Distribution Corporation (TANGEDCO), Chinnadharapuram, Aravakurichi Taluk, Karur District.

5.C.P.Lakshmanan 6.L.Chithra ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to grant new domestic electricity service connection or to restore 1/3

the old electricity service connection bearing No.06-025-008-581 for Door No.5/106 (ground floor), Kattampudur, Chinnadharapuram, Aravakurichi Taluk, Karur District.

For Petitioner : Mr.M.P.Senthil For Respondents : Mrs.Parameswari For Mr.S.M.S.Johnny Bash for R1 to R4 : Mr.R.Krishnan for R5 & R6

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 4 to grant new domestic electricity service connection to the petitioner or to restore the old electricity service connection bearing No.06-025-008-581 for Door No.5/106 (ground floor), Kattampudur, Chinnadharapuram, Aravakurichi Taluk, Karur District.

2.It is the case of the petitioner that the fourth respondent illegally disconnected the electricity service connection for her house on 08.09.2020. According to her, she submitted an application on 11.09.2020 seeking for restoration of old electricity service connection or for grant of new domestic electricity service connection for her house. According to her, till date the said representation has not been considered by the respondents 1 to 4. In such circumstances, this writ petition has been filed seeking for for a Mandamus to grant new domestic electricity service connection or to restore the old electricity service connection in the petitioner's name, which was disconnected on 08.09.2020 by the fourth respondent.

3.This Court cannot give any positive direction as sought for in this writ petition. The only relief that can be granted infavour of the petitioner is to direct the fourth respondent to consider the petitioner's representation dated 11.09.2020 seeking for restoration of old electricity service connection bearing No.06-025-008-581 or for grant of new domestic electricity service connection in her name on merits and in accordance with law after hearing the respondents 5 and 6. No prejudice will be caused to the respondents 1 to 4, if the representation of the petitioner dated 11.09.2020 is considered by the fourth respondent on merits and in accordance with.

4.For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's representation dated 11.09.2020 seeking for grant of new domestic electricity service connection or to restore the old electricity service connection bearing No.06-025-008-581 for Door No.5/106 (ground floor), 2/3

Kattampudur, Chinnadharapuram, Aravakurichi Taluk, Karur District and pass final orders on merits and in accordance with law after hearing all the necessary parties including the petitioner and the respondents 5 and 6 within a period of four weeks from the date of receipt of a copy of this order.

5.With the aforesaid directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. +1 CC to Mr.M.P. SENTHIL, Advocate SR-22590.

+1 CC to Mr.K.R.KRISHNAN, Advocate SR-22884.

23.11.2020 PV(CO) CS(03.12.2020) 3P 3C 3/3