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Madras High CourtWP(MD)/2604/2017disposed of

K.Balamurugan v. The Chief Engineer,

2017-10-09Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.2604 of 2017 K.Balamurugan .. Petitioner Vs.

1. The Chief Engineer, Regional office, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Madurai.

2. The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Sivagangai District, Sivagangai.

3. The Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Manamadurai, Sivagangai District.

4. The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Thiruppachethi, Thiruppuvanam Taluk, Sivagangai District.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to shift the petitioner's electricity service connection S.C.No.0320 5 H.P. from his Survey No.117/7B into his adjacent Survey No.117/7A in Thiruppachethi South Group, Thiruppuvanam Taluk, Sivagangai District as per the representation of the petitioner, dated 31.12.2016 within a reasonable time as may be fixed by this Court.

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.S.M.S.Johnny Basha

ORDER

This writ petition is filed seeking a writ of mandamus to direct the respondents to shift the petitioner's electricity service connection bearing S.C.No.0320 from his Survey No.117/7B to his adjacent Survey No.117/7A in Thiruppachethi South Group, Thiruppuvanam Taluk, Sivagangai District, on the basis of his representation, dated 31.12.2016, within the time stipulated by this Court.

2.Heard both sides.

3.The case of the petitioner is that he is the owner of the properties in Survey Nos.117/7B and 117/7A, which are agricultural lands, situated in Thiruppachethi South Group, Thiruppuvanam Taluk, Sivagangai District and the electricity service connection No.0320 with 5 H.P. has been provided to Survey No.117/7B. According to the petitioner, since Survey No.117/7B has been acquired by the National Highways Department for extension of NH-49 Bye Pass Road, he made a representation, dated 31.12.2016 to the fourth respondent, seeking to shift the said electricity service connection to Survey No.117/7A and the same has been unattended so far. Therefore, the petitioner is before this Court.

4.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 31.12.2016, is disposed of by the fourth respondent as per law. 5.Heard the learned counsel appearing for the respondents. 6.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the fourth respondent to consider the representation of the petitioner, dated 31.12.2016, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar

To

1. The Chief Engineer, Regional office, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Madurai.

2. The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Sivagangai District, Sivagangai.

3. The Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Manamadurai, Sivagangai District.

4. The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd. (TANGEDCO), Formerly known as TNEB, Thiruppachethi, Thiruppuvanam Taluk, Sivagangai District.

+ 2 CC TO Mr.P.KRISHNASAMY, ADVOCATE IN SR No. 82077, 82024 SMN TE/KP/SAR-II : 25/10/2017 : 3P/7C ORDER MADE IN W.P(MD)No.2604 of 2017 09.10.2017