Madras High CourtWP(MD)/14983/2021disposed of

Megar Nisha Begam v. The Superintending Engineer

2021-08-24Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P. No.14983 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.14983 of 2021 Megar Nisha Begam ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Electricity Board (TNEB) Pudukkottai.

2. The Assistant Engineer, Tamil Nadu Electricity Board (TNEB) Pudukkottai North, Pudukkottai.

3. M.Ramalingam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No. 1 and 2 to consider the petitioner's representations dated 07.07.2021 and 04.08.2021 which were given for conducting an enquiry into transfer of electricity connection by using forged documents within the period that may be stipulated by this Hon'ble Court. For Petitioner :

Mr.R.Gandhi For Respondents :

Ms.M.Rajeswari For Mr.S.M.S.Johnny Basha (For R1 & R2)

O R D E R

The petitioner seeks an inquiry into the provision of an electricity service connection in her tenant's name by the official respondents herein.

2. The petitioner states that she is the owner of a building bearing Survey No.5913/26 in Block No.83, Raja Vijaya Nagar, Pudhukottai District. It is stated that such property was originally in the name of her late husband. The petitioner also states that the electricity service connection bearing No.061130170862 stood in her husband's name.

3. The petitioner alleges that the third respondent is the tenant and that in the guise of changing the electricity service connection from a single phase connection to a 3-phase connection, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. No.14983 of 2021 the third respondent has obtained a service connection in his name. Therefore, the petitioner submitted a representation dated 07.07.2021 and has filed the present writ petition in view of the failure of the official respondents to take action thereon.

4. Ms.M.Rajeswari, learned counsel appearing for Mr.Jhonny Basha, learned Standing Counsel for the first and second respondents, accepts notice. She submits that the petitioner's representation would be considered after providing a reasonable opportunity to the petitioner and the third respondent. On such basis, she submits that the representation would be disposed of on merits.

5. In the aforesaid facts and circumstances, it is not necessary to enter into the merits of the dispute between the petitioner and the third respondent herein. Accordingly, without going into the merits of the matter, the first and second respondents herein are directed to consider the petitioner's representation dated 04.08.2021, conduct an inquiry thereon and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and the third respondent herein. Such reasoned order shall be passed within a period of two months from the date of receipt of a copy of this order. In view of the fact that the merits of the matter have not been gone into and because the official respondents have been directed to hear the third respondent before passing an order, the writ petition is disposed of without notice to the private respondent.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn To 1.The Superintending Engineer, Tamil Nadu Electricity Board (TNEB) Pudukkottai.

2. The Assistant Engineer, Tamil Nadu Electricity Board (TNEB) Pudukkottai North, Pudukkottai.

+1 CC to M/s.R.GANDHI, Advocate ( SR-27137[F] dated 24/08/2021 ) W.P.(MD).No.14983 of 2021 24.08.2021 ps(CO) TR(02.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2