M.Rakshan Prem (Minor) v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.12528 of 2024 M.Rakshan Prem (Minor), rep.by Rathna (Natural Guardian / Mother of the Petitioner) ... Petitioner Vs.

1.The Assistant Engineer, TANGEDCO, Tamil Nadu EB Ofice, Court Road, Thanjavur District.

2.The Supervising Engineer, TANGEDCO, Tamil Nadu EB Office, Court Road, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to change the service connection No.SC 71 in my name and to shift the service in terms of the order passed in O.S No.113 of 2022 on the file of the II Additional District Judge, Thanjavur by considering the petitioner's representation dated 05.06.2024. 1/4

For Petitioner : Mr.A.Azhageson For Respondents : Mr.K.Nagaraja for R1 & R2

ORDER

The petitioner wants service connection to be changed in favour of the petitioner M.Rakshan Prem. The stand of the TANGEDCO is that since the license reflects the name of Madhavraj, the name of the petitioner in the service connection cannot be effected. The respondents need not take such a technical stand. The licensee is none other than the father of the writ petitioner herein. Earlier, the petitioner filed WP(MD)No.12528 of 2024 and it was disposed of by me on 27.03.2024 in the following terms : "2.Rathna married one Mathavaraj. Mathavaraj is no more. Even during his life time, there were differences of opinion between Rathna and her husband. The only issue that now calls for consideration is whether the license that stood in the name of Mathavaraj should be transferred in the name of the minor son Rakshan Prem.

This was opposed by the sister of Mathavaraj namely Sumathi. Sumathi informs this Court that the issue had been compromised before the jurisdictional civil Court and that she only wants Rathna to register the compromise decree. The learned counsel for Rathna informs this Court on instructions that Rathna will cooperate in registering the compromise decree. This undertaking is recorded.

Officer, Pillayarpatti, license shall be transferred in favour of Rakshan Prem."

3.It appears that the forest department is delaying the matter in effecting name change. It is only a matter of time. The respondents can very well take note of the order passed by this Court as well as the compromise decree. In my view, there is no impediment in effecting name change. The respondents shall change the service connection in the name of the petitioner and shift the service connection as per the petition mentioned compromise decree as expeditiously as possible. 4.This writ petition is allowed. No costs.

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G.R.SWAMINATHAN, J.

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