R.Gurusamy, S/O.Rajangam, v. The Tamil Nadu Generation And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.(MD)No.25056 of 2018 R.Gurusamy ... Petitioner -Vs1.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. by its Managing Director and Chairman, 144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Sivagangai Electricity Distribution Circle, TANGEDCO, Sivagangai District.

3.The Executive Engineer, Manamadurai Electricity Distribution Circle, TANGEDCO, Manamadurai, Sivagangai District.

4.The Assistant Engineer, Poovanthi Electricity Distribution Circle, TANGEDCO, Poovanthi, Thiruppuvanam Taluk, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to provide uninterrupted 3

phase power supply to the village Pethanendhal and Manalmedu, Sivagangai District.

For Petitioner : M/s.A.Rajini For Respondents : Mr.S.Deenadhayalan, Standing Counsel

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] The prayer sought for in this Writ Petition is to direct the respondents 2 to 4 to provide uninterrupted 3 phase power supply to the village Pethanendhal and Manalmedu, Sivagangai District.

2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 3.The learned Standing Counsel for the respondents would submit that insofar as the supply of electricity is concerned, it is being controlled by TANGEDCO and depending upon the availability of the power at a particular time as well as over all connections, restrictions are being made by TANGEDCO in distribution of electricity. Therefore, the petitioner cannot seek for a Mandamus to provide uninterrupted 3 phase power supply to the particular area.

4.The said submission even though is opposed by the leaned counsel for the petitioner, we, after having considered the submissions made by both sides, feel that the respondents can consider and pass appropriate orders on the representation given on 02.11.2018 by the petitioner to the respondents. 5.Though the said representation dated 02.11.2018 has been addressed to the Chief Secretary of Electricity Department, copy has been marked to the Superintending Engineer and Executive Engineer of TANGEDCO of the area concerned. Therefore, if the said representation is once again forwarded along with a copy of this order, on receipt of the same, the Superintending Engineer and Executive Engineer of the TANGEDCO shall consider the same and pass orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6.With this direction, this Writ Petition stands disposed of. No costs. [R.S.K., J.] & [G.A.M., J.] 10.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

R.SURESH KUMAR, J.

AND G.ARUL MURUGAN , J.

Yuva W.P.(MD)No.25056 of 2018 10.04.2024