Boominathan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.7970 of 2024 M.Boominathan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Executive Engineer, Thiruchuli Electricity Distribution, Tamil Nadu Electricity Board, Thiruchuli, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to provide new electricity connection to the petitioner's hut house in Door No.5/386A, situated at Kattunayakkan Street, Thiruchuli, Virudhunagar District, by considering the petitioner's representation dated 06.06.2023.

For Petitioner : Mr.P.Kalaiyarasi Bharathi For 1st Respondent : Mr.S.Nedunchezhian Government Advocate For 2nd Respondent : Mr.S.Deenadhayalan Standing Counsel 1/4

ORDER

This Writ Petition came to be filed by the petitioner, to consider the his representation dated 06.06.2023 and thereafter, to provide new electricity connection to his house in Door No.5/386A situated at Kattunayakkan Street, Thiruchuli, Virudhunagar District. 2.The learned Standing Counsel appearing for the 2nd respondent submitted that the petitioner's representation cannot be considered because there is an online portal for providing new electricity connection. 3.Heard the learned counsel for the petitioner, the learned Government Advocate for the 1st respondent and the learned Standing Counsel for the 2nd respondent and carefully perused the entire materials available on record.

4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under 2/4

Article 226 of the Constitution of India.

5.In view of the same, the petitioner is hereby directed to make an application by availing the online facility of the second respondent and the second respondent, on receipt of the same, pass appropriate orders in accordance with law for the purpose of providing electricity connection, if she is otherwise eligible within a period of four weeks from the date of receipt of filing an application in online mode. 6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

15.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Executive Engineer, Thiruchuli Electricity Distribution, Tamil Nadu Electricity Board, Thiruchuli, Virudhunagar District.

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L.VICTORIA GOWRI, J.

Mrn 15.11.2024 4/4