P.Nehru v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.14513 of 2024 P.Nehru : Petitioner Vs.

1. The Executive Engineer, Operation and Maintenance, TANGEDCO, Manapparai, Trichy District.

2. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Mettuapatty, Trichy District.

3. The Executive Trustee (In-Charge), Valanadu Sokkanatha Swamy Temple, Prirampatty South Village, Marungapuri Taluk, Trichy District.

: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant electricity connection to the petitioner for the agriculture land situated at S.No.441/2, Pirampatty South Village, Marungapuri Taluk, Trichy District to an extent of 1 Acre and 33 cents based on the application dated 17.11.2023 without insisting NOC from the 3rd respondent and in the light of the proceedings passed by the 1st 1/6

respondent in his proceedings dated 03.02.1996 and by considering the petitioners representations dated 31.01.2024, within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.A.Sheik Abdulla M/s.Ajmal Associates For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 & R2 Mr.V.Chandrasekar for R3

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to grant electricity connection to the agriculture land of the petitioner situated at S.No.441/2, Pirampatty South Village, Marungapuri Taluk, Trichy District to an extent of 1 Acre and 33 cents based on the application dated 17.11.2023 without insisting 'NOC' from the third respondent and in the light of the proceedings passed by the first respondent in his proceedings dated 03.02.1996 and by considering the petitioner's representation dated 31.01.2024, within the specified time frame.

2. The petitioner claims to be a cultivating tenant and lessee of the petition-mentioned property, which belongs to the third 2/6

respondent. The grievance of the petitioner is that, due to lack of water generated by the diesel generator, they have approached the respondents requesting an electricity connection for irrigation of the agricultural land. The petitioner has also made an application before the second respondent, however, the second respondent directed the petitioner to obtain an 'NOC' from the third respondent. In this regard, the petitioner submitted a representation dated 31.01.2024 to the respondents, requesting the 'NOC' for the subject land. As no action has been taken, the petitioner has now filed the present writ petition.

3. Heard the learned counsel for the parties.

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 him 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 by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a 3/6

stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 31.01.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

07.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Executive Engineer, Operation and Maintenance, TANGEDCO, Manapparai, Trichy District.

2. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Mettuapatty, Trichy District.

3. The Executive Trustee (In-Charge), Valanadu Sokkanatha Swamy Temple, Prirampatty South Village, Marungapuri Taluk, Trichy District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16806 of 2024 07.04.2025 6/6