Kannan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)No.19039 of 2021 Kannan ... Petitioner vs.

1.The Superintending Engineer, Tirunelveli, Tirunelveli District.

2.The Executive Engineer, Tirunelveli, Tirunelveli District.

3.The Assistant Engineer, Valliyoor Region, Radhapuram Taluk, Tirunelveli District.

4.T.Balakrishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from providing electricity service connection to the properties bearing Ayan Punja S.Nos.2028/1B and 2028/1A2 situated at North Valliyoor Part-II Village, Radhapuram Taluk, Valliyoor Sub Registration Circle, Tirunelveli, Tirunelveli District by considering the petitioner's representation, dated 11.09.2021. For Petitioner : Mr.J.Sankara Pandian For R1 to R3 : Mr.EP.Venkateswaran for Mr.SMS.Johnny Basha Standing Counsel

O R D E R

The writ petition has been filed in the nature of Writ of Mandamus, seeking a negative direction against the respondents 1 to 3 from giving any electricity service connection to the fourth respondent with respect to the properties at Ayan Punja S.Nos.2028/1B and 2028/1A2 at North Valliyoor Part-II Village, Radhapuram Taluk, Valliyoor Sub Registration Circle, Tirunelveli, Tirunelveli District. The petitioner had given a representation on 11.09.2021.

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2.Heard Mr.E.P.Venkateswaran, learned counsel representing Mr.SMS.Johnny Basha, learned Standing Counsel, who had taken notice on behalf of respondents 1 to 3. Mr.E.P.Venkateswaran, on instructions, stated that till this date, they have not received any application from the fourth respondent seeking electricity service connection.

3.In view of that particular fact, keeping the writ petition still on board would be of no avail and the writ petition itself is disposed of, however, placing the caveat on the respondents 1 and 2, to whenever and if ever any application is received from the fourth respondent, they should follow the necessary rules and also inform the petitioner about receipt of such application and take into consideration, objections and thereafter, take a considered decision in accordance with law.

4.In view of the nature of the order passed, notice to the fourth respondent is not ordered.

5.Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintending Engineer, Tirunelveli, Tirunelveli District.

2.The Executive Engineer, Tirunelveli, Tirunelveli District.

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3.The Assistant Engineer, Valliyoor Region, Radhapuram Taluk, Tirunelveli District.

and W.M.P.(MD)No.19039 of 2021 20.12.2021 NSN(CO) KB(04.01.2022) 3P 4C 3/3