Madras High CourtWP(MD)/21003/2019disposed of

M.Chellam v. The Superintending Engineer

2019-12-13Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.21003 OF 2019 M.Chellam ... Petitioner Vs.

1.The Superintending Engineer, K.Pudur, Madurai -7.

2.The Assistant Engineer, Alwar Nagar Section, Nagamalai, Madurai -19.

3.K.Azhagappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the second respondent to provide electricity connection to the Petitioner's dwelling house situated in S.No.178-4, Vadapalanji Village, Madurai South Taluk, Madurai District by considering the representation of the Petitioner dated 21.09.2019 within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Srimathy 1 and 2 Special Govt.Pleader For Respondent-3 : Mr.V.Pandian

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to provide electricity connection to the Petitioner's dwelling house situated in S.No.1784, Vadapalanji Village, Madurai South Taluk, Madurai District by considering the representation of the Petitioner dated 21.09.2019 1/3

within the time stipulated by this Court.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The case of the Petitioner is that he is residing in the above mentioned address along with his family members. There was a civil dispute in respect of the above said land between the Petitioner and the third respondent and finally, by the verdict of the competent Civil Court, the Petitioner became the owner of the above said property. In the meantime, the Petitioner has submitted an application, dated 26.7.2019 to the second respondent seeking electricity connection, by paying the required fees. The second respondent has not considered the said application on the objection made by the third respondent. Accordingly, the second respondent sent a communication, dated 21.9.2019 to the Petitioner asking him to substantiate his ownership over the said land, for providing electricity connection. Hence the Petitioner submitted a detailed representation along with the judgment of the Civil Court on 21.09.2019 itself to the second respondent.

The said representation is said to be still pending, without any progress. Hence, the petitioner has come forward with the present Writ Petition for the relief stated supra.

4.Therefore, without expressing any opinion on the merits of the claim made by the petitioner, the second respondent is directed to consider the representation of the petitioner, dated 21.09.2019 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of personal hearing to all the necessary parties including third respondent, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The Superintending Engineer, K.Pudur, Madurai -7.

2/3

2.The Assistant Engineer, Alwar Nagar Section, Nagamalai, Madurai -19.

+1 CC to M/s.V.PANDIAN, Advocate ( SR-104927[F] dated 13/12/2019 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-105403[F] dated 17/12/2019 ) ORDER MADE IN W.P(MD)No.21003 OF 2019 13.12.2019 MA(CO) TR(10.01.2020)3P 5C 3/3