Jomana Naicker v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.6203 of 2016 Jomana Naicker ... Petitioner Vs.

1.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Dindigul District.

2.B.Jonama Naicker ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to give service connection to the petitioner's house which was constructed in Palayam Village, S.No.2365/1B and patta No.3332 situate at Bomminaickanpatti, Palayam Village, Vedasandur Taluk, Dindigul District.

For Petitioner : Mr.G.Gomathi Sankar For R1 : Mrs.S.Srimathy For R2 : No appearance

ORDER

Notice to the respondents is dispensed with in view of nature of the order to be passed by this Court.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that his representation seeking to get a new service connection to his house, has not been considered by the first respondent till date and therefore, he has filed the present writ petition. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the limited prayer sought for in this writ petition, the petitioner is at liberty to make fresh representation to the first respondent and on receipt of such representation, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioner as well as to the second respondent and any other persons who may be interested in the subject matter. 6.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Dindigul District.

+1CC to Mr.G.Gomathi Sankar, Counsel for Petitioner, SR.No.75092 W.P.(MD) No.6203 of 2016 25.07.2018 MM ES/SKN/RSK/SAR 3/07.08.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/