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Madras High CourtWP(MD)/16764/2016dismissed

A. Ozanam Johny v. The Tamil Nadu Generation And

2016-09-02Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.16764 of 2016 A.Ozanam Johny ...

Petitioner Vs.

1.The Tamil Nadu Generation and Distribution Corporation, rep. by the Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.

2.The Tamil Nadu Generation and Distribution Corporation, rep. by the Chief Engineer (Personal), No.144, Anna Salai, Chennai - 600 002.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the first respondent to dispose of he appeal filed by the petitioner dated 11.07.2016 against the panel prepared by the second respondent vide Memo No.077681/502/G.3(1)/2015-6 dated 30.06.2016 as expeditiously within time limit.

For petitioner : Mr.T.Antony Arul Raj For Respondents : Mr.S.Dhayalan

ORDER

This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal filed by the petitioner dated 11.07.2016 against the panel prepared by the second respondent vide Memo No.077681/502/G.3(1)/2015-6 dated 30.06.2016. 2.This Court is not able to entertain this writ petition. The reason is, unless there is a case made out to invoke extraordinary jurisdiction of Article 226 of the Constitution of India on the ground that there was inaction on the part of the statutory authority in doing the particular Act or on the ground that there was a glaring arbitrary exercise of power, no one can approach https://hcservices.ecourts.gov.in/hcservices/

this Court. In the present case, none of the situation has been complied with.

3.The learned counsel for the petitioner would submit that more than 1-1/2 months have gone back and hence, a direction should be given. Still this Court is not able to find any merits on the submission made by the petitioner's counsel for the reasons that breathing time should be given to the respondents to act upon the request of the petitioner. Therefore, this Court is Court is not inclined to entertain this Writ Petition. Accordingly, this Writ Petition fails and the same is dismissed. However, a liberty is given to the petitioner to approach the respondents by way of a reminder and if no response is forth coming even pursuant to his reminder, he can work out his remedy in the manner known to law. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar +1cc to M/s.T.Antony Arul Raj, Advocate SR.No.50311 W.P(MD).No.16764 of 2016 02.09.2016 skn SD/EM-MPA/18.10.2016/2P/2C https://hcservices.ecourts.gov.in/hcservices/