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Madras High CourtWP(MD)/18752/2018disposed of

Viswam Alias Unni v. The Superintending Engineer

2018-10-03Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18752 of 2018 and W.M.P.(MD)No.16589 of 2018 Viswam @Unni ... Petitioner vs.

1.The Superintending Engineer, TANGEDCO, Kanyakumari Electricity Distribution Circle, Parvathipuram, Nagercoil, Kanyakumari District.

2.The Executive Engineer, TANGEDCO, Maruthancode Post, Kuzhithurai, Kanyakumari District.

3.The Assistant Executive Engineer, TANGEDCO Maruthancode Post, Kuzhithurai, Kanyakumari District.

4.The Junior Engineer, TANGEDCO, Kalaikkavilai and Post, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the fourth respondent to restore the supply line in the electricity connection of the petitioner's house bearing No.184-008-27 in Door No.17/59 at I.M.P.Bhawan, Padanthalummodu Post, Kalaikkavilai, Vilavancode Taluk, Kanyakumari District, considering the petitioner's representation dated 19.08.2018 within a time frame as fixed by this Court.

For Petitioner : Ms.L.Victoria Gowri For Respondents : Mrs.M.Rajeswari for S.M.S.Johny Basha

O R D E R

The petitioner has approached this Court seeking issuance of writ of Mandamus directing the fourth respondent to restore the supply line in the electricity connection of the petitioner's house bearing No.184-008-27 in Door No.17/59 at I.M.P.Bhawan, Padanthalummodu Post, Kalaikkavilai, Vilavancode Taluk, Kanyakumari District, considering the petitioner's representation dated 19.08.2018.

2. When the matter is taken up for hearing, the learned Counsel appearing for the respondents electricity Board would submit that the first respondent had issued proceedings dated 24.08.2018 stating that the petitioner had indulged in unauthorized usage of electricity consumption, for which the petitioner had submitted an explanation on 30.08.2018 and earlier to that the petitioner had also submitted a representation on 19.08.2018.

3. Both the learned Counsel appearing on either side had agreed that the fourth respondent may be directed to consider the explanation of the petitioner dated 30.08.2018 along with his representation dated 19.08.2018 and pass orders on merits and in accordance with law within a time to be stipulated by this Court.

4. In view of the submissions as made by the learned Counsel appearing on either side, there shall be a direction to the fourth respondent to consider the explanation submitted by the petitioner on 30.08.2018 and also the representation submitted earlier on 19.08.2018 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The fourth respondent is also directed to consider the explanation offered by the petitioner in this regard and take a pragmatic view in passing appropriate orders. In the meanwhile, the fourth respondent is directed to restore the electricity connection to the petitioner's premises within a period of two days from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar ( ) // True Copy // Sub Assistant Registrar(CS-IV)

To

1. The Superintending Engineer, TANGEDCO, Kanyakumari Electricity Distribution Circle, Parvathipuram, Nagercoil, Kanyakumari District.

2. The Executive Engineer, TANGEDCO, Maruthancode Post, Kuzhithurai, Kanyakumari District.

3. The Assistant Executive Engineer, TANGEDCO Maruthancode Post, Kuzhithurai, Kanyakumari District.

4. The Junior Engineer, TANGEDCO, Kalaikkavilai and Post, Kanyakumari District.

+ 1 CC TO Ms.L.VICTORIA GOWRI, ADVOCATE IN SR NO.88430 SSL BU/VR/SAR-IV :12.10.2018 : 3P/6C W.P.(MD) No.18752 of 2018 03.10.2018