V.Chandrasekaran, v. The Chief Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD) No.12392 of 2017 V.Chandrasekaran .. Petitioner

Versus

1.The Chief Engineer, Distribution, Thennur, Trichy - 17.

2.The Superintending Engineer, Thanjavur Distribution Circle, TNEB, Thanjavur 613 001.

3.The Executive Engineer (General), Thiruvidaymaruthur Road, Kumbakonam-1.

4.The Assistant Engineer, Melacauvery Section Office, Kumbakonam-612 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to provide electricity service connection for petitioner's son C.Rajesh's application dated 10.11.2010 by taking note of his father's registration No.1, dated 15.04.1998 by considering his representation, dated 01.08.2016, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.E.P.Venkateshwar for Mr.S.M.S.Johny Basha, for TNEB

O R D E R

Mr.S.M.S.Johny Basha, learned Standing Counsel takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal.

2.The petitioner is the son of late M.Venkatachalam, who was an Agriculturist, residing at Melacauvery Village, Kumbakonam District

and owning the lands covered in Survey No.223/5. He made an application, dated 15.04.1998, to the Executive Engineer, Tamil Nadu Electricity Board, Kumbakonam, for grant of electricity service connection to his agricultural land in R.S.No.223/5. The said application was duly registered in Seniority No.1, dated 15.04.1998 and subsequently, he has paid Rs.500/- on 11.12.2000. Thereafter, the petitioner's father received a letter, dated 30.08.2007 from the Superintending Engineer, asking him to pay Rs.10,000/- for electricity service connection on priority basis. But, only due to family situation, he was unable to pay the said amount of Rs.10,000/-. In the meanwhile, the petitioner's father died on 21.09.2004. Subsequently, the petitioner has purchased a property in Survey No.220/3 in the name of his son, viz., Rajesh, on 24.05.

2005 and after sometime, by a family arrangement, the entire legal heirs of petitioner's father, in the year January 2010, gave consent to transfer the said service connection Registration No.1, dated 15.04.1998, to the petitioner's son C.Rajesh, for his property in Survey No.220/3 and to that effect, they have also executed an affidavit on 09.11.2010. Therefore, the petitioner's son submitted a fresh application on 10.11.2010 by enclosing all the necessary documents to transfer the service connection Registration No.1, dated 15.04.1998 from the name of his grandfather Venkatachalam to his name. The said application was received by the respondents, but, till date, they have not passed any order. Therefore, a direction is sought for by the petitioner to consider his representation, dated 01.08.

2016, and if the said representation is considered, no one will be prejudiced.

3.The learned Standing Counsel for the respondents submitted that the representation of the petitioner will be considered in accordance with law, within a time frame to be fixed by this Court. 4.In view of the abovesaid submission made by the learned Standing Counsel for the respondents, the respondents are directed to consider the representation of the petitioner, dated 01.08.2016, and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Chief Engineer, Distribution, Thennur, Trichy - 17.

2.The Superintending Engineer, Thanjavur Distribution Circle, TNEB, Thanjavur 613 001.

3.The Executive Engineer (General), Thiruvidaymaruthur Road, Kumbakonam-1.

4.The Assistant Engineer, Melacauvery Section Office, Kumbakonam-612 002.

+1cc to Mr.S.M.S.JOHNY BASHA Advocate in SR. No.63556 +1cc to Mr.A.HAJA MOHIDEEN Advocate in SR. No.63373 IA/SMN2 JS/JC/SAR.2/13.07.2017/3P-7C W.P.(MD) No.12392 of 2017 04.07.2017