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Madras High CourtWP(MD)/27888/2024disposed of

S. Parvathy v. The Superintending Engineer

2025-02-07Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Parvathy : Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Pudukkottai, Pudukkottai District.

2. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance / Town / North, SIPCOT, Pudukkottai.

3. Deivanai : Respondents (R3 is impleaded vide Court order dated 06.01.2025) P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide electricity connection on the considering the petitioners 1/5

application dated 05.11.2024 in Application Reference No. 200061181124631, to the petitioners property in connection with the Survey No. 99/2 situated at 9A, Natham Pannai, Pallathuvayal, Ceylon Colony, Pudukkottai Town and Taluk, Pudukkottai District within stipulated time frame as fixed by this Hon'ble Court. For Petitioners : Mr.G.Mathavan For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 & R2 Mr.P.Pagalavan for R3

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to provide electricity connection by considering the petitioner's application dated 05.11.2024.

2. The petitioner claims ownership of the property in Survey No. 99/2, situated at 9A, Natham Pannai, Pallathuvayal, Ceylon Colony, Pudukottai Town and Taluk, Pudukkottai District. She submitted a representation to the respondents 1 and 2, requesting an electricity connection for the said property. However, since no action has been taken, the petitioner has now filed the present Writ Petition. 2/5

3. Heard both sides.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondents 1 and 2 to consider the petitioner's representation dated 02.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open 3/5

to the respondents 1 and 2 to consider the same on its own merits.

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. 07.02.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Pudukkottai, Pudukkottai District.

2. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Operation and Maintenance / Town / North, SIPCOT, Pudukkottai.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.27888 of 2024 07.02.2025 5/5