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Madras High CourtWP(MD)/22832/2017disposed of

D.Selvakumari, v. The District Collector

2017-12-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22832 of 2017

1. D.Selvakumari

2. P.Kavitha

3. S.Nallamuthu ... Petitioners -vs1. The District Collector, Pudukkottai District.

2. The Tahsildar, Kulathur, Pudukkottai District.

3. The Assistant Engineer (Operation and Maintenance), TANGEDCO, Mathur Post, Kulathur Taluk, Pudukkottai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the 3rd respondent to give electricity service connection to the petitioner's house comprised in S.F.No.206/2 of Mathur Village, Kulathur Taluk, Pudukkottai District at once. For Petitioners : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.M.Alagathevan Spl. Govt. Pleader For R3 : Mr.E.P.Venkateshwar For Mr.S.M.S.Johnny Basha *****

O R D E R

This writ petition has been filed, seeking a direction to the 3rd respondent to give electricity service connection to the petitioners' house situated in S.F.No.206/2 of Mathur Village, Kulathur Taluk, Pudukkottai District.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for R1 & R2 and Mr.E.P.Venkateshwar, learned counsel for Mr.S.M.S.Johnny Basha, learned counsel for R3. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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3. The case of the petitioners is that they had individually submitted applications/representation dated 03.10.2017 to the third respondent for providing electricity service connection to their house on the basis of the order passed by this Court dated 20.04.2015 in W.P.(MD) No.5911 of 2015 in the case of similarly placed persons. It is the further case of the petitioners that though there was no objection raised by any of the parties in respect of possession and enjoyment of the property, the 3rd respondent has not taken any action so far for extension of electricity service connection to them. Aggrieved by the same, the petitioners are before this Court with the above prayer.

4. The learned Standing Counsel appearing for the third respondent would submit that if a reasonable time is granted to the third respondent, the representation of the petitioners will be considered and appropriate orders be passed.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the application / representation of the petitioners dated 03.10.2017 and pass necessary orders regarding electricity service connection on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and also upon consideration of the documents to be produced by them.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Kulathur, Pudukkottai District.

+One cc to Mr.P.Ganapathi Subramanian, Advocate, SR.No.92864 ar RL/4C/2P/SKN/RSK/SAR4/5/1/2018 W.P(MD)No.22832 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.12.2017