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Madras High CourtWP(MD)/15393/2024disposed of

Rajeswari v. The Superintendent Of Engineer

2024-11-11Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.15393 of 2024 Rajeswari ... Petitioner Vs 1.The Superintendent of Engineer, O/o.Ramanathapuram Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

2.The Executive Engineer/Distribution, O/o.Ramanathapuram Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

3.The Assistant Executive Engineer, O/o.Ramanathapuram Tamil Nadu Electricity Board & Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

4.The Assistant Engineer, Tamil Nadu Electricity Board & Electricity Distribution Circle, Thirupalaikudi Road, Devipattinam, Ramanathapuram.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent herein to provide Electricity connection to petitioner house constructed on the land in Survey No.325/1A and 325/28 to an extent of 2432 1⁄2 Sq.ft situated at Devipattinam Village, Ramanathapuram Taluk, Ramanathapuram District 1/5

by scrutinizing petitioner's application dated 27.06.2024 by considering the petitioner's representation dated 01.07.2024, in accordance with law, within the time stipulated by this Court.

For Petitioner : M/s.M.Gopika for M/s.D.Balamurugapandi For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

The prayer of the writ petition is as follows: This writ petition has been filed for issuance of Writ of Mandamus directing the 4th respondent herein to provide Electricity connection to petitioner's house constructed on the land in Survey No.325/1A and 325/28 to an extent of 2432 1⁄2 Sq.ft situated at Devipattinam Village, Ramanathapuram Taluk, Ramanathapuram District by scrutinizing petitioner's application dated 27.06.2024 by considering the petitioner's representation dated 01.07.2024, in accordance with law, within the time stipulated by this Court.

2.Heard M/s.M.Gopika for M/s.D.Balamurugapandi, the learned counsel for the petitioner and Mr.S.Deenadhayalan, the learned Standing Counsel appearing for the respondents. Carefully perused the materials available on record.

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3.The petitioner has made an application on 27.06.2024 to provide electricity connection to her house constructed in the land in survey Nos. 325/1A, 325/28 to an extent of 2432 1⁄2 sq.ft. Situated at Devipattinam Village, Ramanathapuram Taluk, Ramanathapuram District.

4. It is needless to point out that whenever an application 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 Article 226 of the Constitution of India.

5. Considering the limited scope of relief sought for by the petitioner in this writ petition, this Court hereby direct the respondents to consider the application of the writ petitioner dated 27.06.2024 on the basis of his representation dated 01.07.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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6.With the above said observations, this writ petition stands disposed of. No costs.

11.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Superintendent of Engineer, O/o.Ramanathapuram Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

2.The Executive Engineer/Distribution, O/o.Ramanathapuram Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

3.The Assistant Executive Engineer, O/o.Ramanathapuram Tamil Nadu Electricity Board & Electricity Distribution Circle, Near RTO Office, Bharathi Nagar, Ramanathapuram, Ramanathapuram District.

4.The Assistant Engineer, Tamil Nadu Electricity Board & Electricity Distribution Circle, Thirupalaikudi Road, Devipattinam, Ramanathapuram.

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L.VICTORIA GOWRI , J.

RJR W.P.(MD)No.15393 of 2024 11.11.2024 5/5