Madras High CourtWP(MD)/5550/2017disposed of

Senthil v. The Assistant Engineer

2017-04-03Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.5550 of 2017 Senthil ..Petitioner Vs.

1. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Melapachaikudi, Fathimanagar Post, Trichy District.

2. The Tahsildar, Viralimalai Post and Taluk, Pudukottai District.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to give electricity service connection to the petitioner's house situated in S.F.No.17/23 of E.Mettupatti, Boothagudi Village, Viralimalai Taluk, Pudukottai District, at once.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 : Mr.E.P.Venkateshwar, for Mr.S.M.S.Johny Basha, Standing Counsel for T.N.E.B., For R-2 : Mr.V.Pandi, Government Advocate.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to give electricity service connection to the petitioner's house situated in S.F.No.17/23 of E.Mettupatti, Boothagudi Village, Viraimalai Taluk, Pudukottai District, at once.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for T.N.E.B., appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

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3. Mr.E.P.Venkateshwar, for Mr.S.M.S.Johny Basha, learned Standing Counsel for T.N.E.B., takes notice for the first respondent and Mr.V.Pandi, learned Government Advocate takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner, dated 07.03.2017.

5. Having regard to the limited scope of the prayer in the Writ petition now sought before this Court by the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The first respondent is directed to consider the representation of the petitioner, dated 07.03.2017, and pass appropriate orders on merits and in accordance with law, in the light of Rule 27 (12) of Tamil Nadu Electricity Supply and Distribution Code 2004 within a period of four weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(Co) /True Copy/ Sub-Assistant Registrar To

1. The Assistant Engineer , Operation and Maintenance, TANGEDCO, Melapachaikudi, Fathimanagar Post, Trichy District.

2. The Tahsildar, Viralimalai Post and Taluk, Pudukottai District. +1 CC TO MR.P.GANAPATHI SUBRAMANIAN,ADVOCATE,SR NO.50361 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.19370 pmu MAS/SV-MMS/SAR4:13.04.2017:2P-5C ORDER MADE IN W.P.(MD).No.5550 of 2017 04.04.2017 https://hcservices.ecourts.gov.in/hcservices/