Alima Beevi v. The Assistant Zonal Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.23684 of 2017 Alima Beevi ... Petitioner Vs.
1. The Assistant Engineer Tamil Nadu Electricity Board Dindigul
2. The Superintendent Engineer Tamil Nadu Electricity Board, Dindigul
3. The Executive Engineer Tamil Nadu Electricity Board Kattakamanpatty Post, Batlagundu,
4. The Assistant Engineer Tamil Nadu Electricity Board, Nilakottai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to consider the petitioner's representation dated 27.11.2017 and give electricity connection in house building in Door No.2/141B situated in S.No.206/1B4 Kodanginaickenpatty Village, Nilakottai Taluk, Dindigul District. For Petitioner : Mr.S.Balaji For Respondents : Mr.E.P.Venkateshwar, For SMS.Johny Basha ------
ORDER
This writ petition has been filed, seeking a Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation dated 27.11.2017 and give electricity
connection in house building in Door No.2/141B situated in Survey No.206/1B4, Kodanginaickenpatty Village, Nilakottai Taluk,
2. Mr.E.P.Venkateshwar, learned Counsel for Mr.SMS.Johny Basha, learned Standing Counsel takes notice for the respondents.
3. By consent, the writ petition is taken up for final disposal at the stage of admission itself.
4. According to the learned Counsel for the petitioner, the property in Survey No.206/1B4, measuring an extent of 22.50 ares, situated at Kodanginaickenpatty Village, Nilakottai Taluk, Dindigul District, was partitioned and allotted in favour of her husband, namely, Natthar Ali. After the demise of her husband, she became the absolute owner of the said property and has constructed a house before three years and applied for electricity connection before the fourth respondent and the same is kept pending. Thereafter, the petitioner has submitted another representation dated 27.11.2017 before the authorities and since the same is not considered by the respondents, the petitioner is before this Court.
5. Whereas, the learned Standing Counsel appearing for the respondents, on instructions submitted that the petitioner has not submitted the application in proper format and has not enclosed necessary documents, before the authorities concerned, for providing electricity connection. He fairly submitted that in the event of the petitioner submitting the same, the authorities shall pass appropriate orders, in a time bound manner.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstance 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 petitioner to submit a copy of her application dated 27.11.2017, along with necessary documents and a copy of this order before the fourth respondent within a period of two weeks from the date of receipt of copy of this order and on such filing the fourth respondent is directed to consider the same, if the petitioner complies with all other requirements for providing electricity connection and pass appropriate orders thereon, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of four weeks thereafter.
8. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Assistant Engineer Tamil Nadu Electricity Board Dindigul
2. The Superintendent Engineer Tamil Nadu Electricity Board, Dindigul
3. The Executive Engineer Tamil Nadu Electricity Board Kattakamanpatty Post, Batlagundu,
4. The Assistant Engineer Tamil Nadu Electricity Board, Nilakottai.
+ 1 cc TO Mr.S.Balaji , Advocate in SR No. 94062 rm AE/SV MMS/SAR2/05.01.2018/3P/6C W.P(MD)No.23684 of 2017 21.12.2017