Smt. R. Sundari v. The Secretary, Rehabilitation And Disaster Management And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/61/2023 Smt R. Sundari Vs.
The Secretary, Rehabilitation and Disaster Management and others Mr. M.K. Thakur ... for the petitioner Mr. V.D.Sivabalan Mr. A.S.Kumar ... for the respondent nos.1 and 2 Mr. Rakesh Kumar ... for the respondent Nos.3 and 4 January 24, 2023 [SR] Item No. 7 This instant writ application is against inaction on the part of the respondent no.2, being the Deputy Commissioner, South Andaman District, Port Blair, to consider the application, filed by the writ petitioner for the allotment of Tsunami Shelter in the name of the writ petitioner. Mr. M.K. Thakur, learned advocate, upon referring a power of attorney read with promissory note, annexed to the instant writ application, submits that the petitioner has already purchased the Tsunami Shelter from the original Settlee, being Shri Pandya Raj, paying appropriate consideration therefor.
The writ petitioner claims to be in possession of such property by enjoying the electricity connection therein. Since there is a threat of disconnection perceived by the writ petitioner following receipt of a notice dated 14th December, 2022 issued by the respondent nos.
and 4, there is a fair chance of causing disconnection in the subject property under reference, what is stated to be the reason behind invocation of writ jurisdiction of this Court. Attention of this Court is drawn to a representation submitted by the writ petitioner, addressed to the Deputy Commissioner, South Andaman District, Port Blair for consideration of his application/representation with respect to proposed allotment of Tsunami Shelter, as mentioned therein, and upon drawing attention of this Court, it is submitted by writ petitioner that such written representation has been kept pending without making any due consideration.
Learned advocate Shri Siva Balan representing the respondent no.2 does not dispute with the pendency of application/representation, submitted by the writ petitioner on 29th December, 2022.
The petitioner submits that the original allottee of Tsunami shelter namely Shri Pandya Raj has already been served with a copy of the writ application and already made party in this case but today, Mr. Pandya Raj goes unrepresented, despite being noticed.
Mr. Rakesh Kumar, learned advocate representing the respondent nos. 3 and 4, submits that since a complaint has been raised by one Pandya Raj, being the original settlee of the Tsunami Shelter, requesting Electricity Department, to cause temporary disconnection in the domestic consumption
of the electricity with respect to the subject property under reference, the concerned respondents/Electricity authority is under obligation to make appropriate response to the request letter, irrespective of the pendency of the representation, if any, made by the writ petitioner, before the Deputy Commissioner, South Andaman District, Port Blair. Having considered the submission of both sides, it appears that the writ petitioner is in alleged possession of the subject property and enjoying the electricity connection.
Whenever a representation/application has been filed befor the Deputy Commissioner, South Andaman District, Prot Blair, for adequate consideration of the prayer proposed in representation, and same is pending for consideration, this Court is of the view that pending decision of such representation/application of the writ petitioner, the enjoyment of electricity by the writ petitioner may not be disturbed by the concerned electricity authority. The representation so submitted by the petitioner, addressed to the Deputy Commissioner, South Andaman District, Port Blair, dated 29th December, 2022 as such may be disposed of expeditiously, preferably within three months from the date of communication of this order to the concerned respondents.
An appropriate opportunity of hearing may be given to the writ petitioner and the respondents on the representation, and same may be disposed of recording reasons therefor.
It is, however, clarified that enjoyment of electricity itself would not give rise to a claim of equity on the part or writ petitioner.
This would not, however, prevent the original settlee of the Tsunami shelter, namely; Pandya Raj to ensure his appearance before Deputy Commissioner, South Andaman, while making consideration of representation of the writ petitioner, dated 29th December, 2022. The Deputy Commissioner, South Andaman District is, therefore, to issue adequate notice to original settlee of Tsunami sheler , namely; Shri Pandya Raj, while making consideration of representation filed by the writ petitioner.
Since affidavit-in-opposition is not called for, the allegations contained in the writ petition are deemed to have not admitted by the respondents.
WPA/61/2023 stands disposed of.
All parties shall act on the server copy of this order duly downloaded from official website of this Court, pending application of certified copy upon compliance of formalities.
( Subhasis Dasgupta, J. )