Madras High Court
J.Nirmala vs The Supervising Engineer on 29 April, 2025
W.P.(MD)No.12695 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.12695 of 2025
J.Nirmala : Petitioner
Vs.
1. The Supervising Engineer,
Tamilnadu Electricity Board,
Dindigul - 625 001.
2. The Divisional Engineer,
Tamilnadu Electricity Board,
Vathalagundu, Dindigul District.
3. The Additional Executive Engineer,
Tamilnadu Electricity Board,
Kamarajar Salai, Kodaikanal.
4. The Assistant Electrical Engineer,
Town East,
Tamilnadu Electricity Board,
Kamarajar Salai, Kodaikanal.
5. Kannan : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents 3 and
4 to disconnect the EB connection bearing No.125-
Z-125(05-251-015125) in the petitioners Decreed property in favour of
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W.P.(MD)No.12695 of 2025
the fifth respondent thereby consider that representation dated
27.03.2025.
For Petitioners : Mr.U.Antony Santhosh
For Respondents : Mr.S.Deenadhayalan for R1 to R4
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 3 and 4 to disconnect the EB connection bearing No. 125-Z-125 (05-251-015125) provided in the petitioner's decreed property, which is in possession of the fifth respondent and to consider the petitioner's representation dated 27.03.2025.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with.
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3. The petitioner alleges that the fifth respondent, who is in possession of the petitioner's land, obtained an electricity service connection with the intention of encroaching upon the said property. In this regard, the petitioner submitted a representation to the respondents, requesting disconnection of the allegedly forged electricity service connection obtained by the fifth respondent. However, as no action was taken, the petitioner has now filed the present Writ Petition seeking appropriate relief.
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.
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5. In the light of the above observations, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 27.03.2025, 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 six 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 to the fourth respondent to consider the same on its own merits.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
29.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/05/2025 03:17:20 pm ) W.P.(MD)No.12695 of 2025 To
1. The Supervising Engineer, Tamilnadu Electricity Board, Dindigul - 625 001.
2. The Divisional Engineer, Tamilnadu Electricity Board, Vathalagundu, Dindigul District.
3. The Additional Executive Engineer, Tamilnadu Electricity Board, Kamarajar Salai, Kodaikanal.
4. The Assistant Electrical Engineer, Town East, Tamilnadu Electricity Board, Kamarajar Salai, Kodaikanal.
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