Ramakrishnan. S v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W/.P. (MD) No.22268 of 2022 S.Ramakrishnan .. Petitioner

Versus

1.The Superintending Engineer, TANGEDCO, Tamil Nadu Electricity Board, Manimandapam, Tanjore.

2.The Assistant Executive Engineer, TANGEDCO, Tamil Nadu Electricity Board, Manimandapam, Tanjore.

3.The Junior Engineer, TANGEDCO, Tamil Nadu Electricity Board, Kathiramangalam, Tanjore.

4.S.Rajendran .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation and transfer the electricity connection in the name of the petitioner regarding the property in nanja land in S.No.221/1 in Patta No.8207 with an extent of 0.14.5 ares in Kathiramangalam Village, Thiruvidaimaruthur Taluk and Tanjore District.

1/4

For Petitioner :

Mr.V.Madurai Veeran For R1 to R3 :

Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation and transfer the electricity connection in the name of the petitioner regarding the property in S.No.221/1 in Patta No.8207 to an extent of 0.14.5 ares in Kathiramangalam Village, Thiruvidaimaruthur Taluk and Tanjore District.

2. The case of the petitioner is that he has purchased the property in S.No.221/1 situated at Thiruvidaimaruthur Taluk, Tanjore District vide sale deed No.38 of 2009, dated 12.01.20119 for valuable consideration. The fourth respondent, who is the brother of the petitioner volunteered to maintain the property. Accordingly, the petitioner has permitted the fourth respondent to maintain the property. While so, the fourth respondent fraudulently obtained electricity connection in his name by putting up sheds in the petitioner's property and also obtained property tax assessment in his name. Therefore, the petitioner has made a complaint before the Deputy Superintendent of Police, Land Grabbing Cell, Tanjore. But no action has been taken on the same. Therefore, he made a request before the third respondent to change the electricity connection. But the same is still pending without any consideration. 2/4

Hence, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that it would suffice to issue direction to the respondents to consider the petitioner's representation, dated 22.04.2022.

4. The learned Standing Counsel appearing for the Electricity Board has no objection for such an order being passed by this Court.

5. Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the petitioner's representation dated 22.04.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs. 26.10.2022 Index : Yes/No Internet : Yes/No akv 3/4

V.BHAVANI SUBBAROYAN, J.

akv To 1.The Superintending Engineer, TANGEDCO, Tamil Nadu Electricity Board, Manimandapam, Tanjore.

2.The Assistant Executive Engineer, TANGEDCO, Tamil Nadu Electricity Board, Manimandapam, Tanjore.

3.The Junior Engineer, TANGEDCO, Tamil Nadu Electricity Board, Kathiramangalam, Tanjore.

Order made in W.P.(MD) No.22268 of 2022 26.10.2022 4/4