S.P.Sivakumar … vs The Assistant Engineer
2021 Latest Caselaw 18123 Mad

                                                                                     W.P.No.18414 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 03.09.2021

                                                          CORAM :

                               THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             Writ Petition No.18414 of 2021


               S.P.Sivakumar                                                          ….     Petitioner

                                                           -Vs-

               The Assistant Engineer
               TANGEDCO (O&M)
               Mettur Division, Mettur Dam
               Salem District.                                                        ….     Respondent

               Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
               issuance of a Writ of Mandamus directing the respondent to dispose of the
               representation dated 13.07.2021.


                                For Petitioner       :     Mr.N.Srinivasan
                                For Respondents      :     Mr.M.Abul Kalam
                                                           Standing Counsel

                                                         ORDER

This writ petition has been filed for the issue of a writ of Mandamus directing

the respondents to consider the representation made by the petitioner on 13.07.2021,

wherein the petitioner has requested for the cancellation of the service connection

that has been given to the subject property.

2. The case of the petitioner is that, he is the owner of the subject property by

http://www.judis.nic.in W.P.No.18414 of 2021

virtue of a registered sale deed dated 24.05.1995 and a patta was also issued in his

favour by the Revenue Department. There was a dispute with regard to this property

which resulted in initiation of civil proceedings by the petitioner and ultimately the

matter reached this Court in Second Appeal No.1567 of 2008 and the second appeal

was allowed in favour of the petitioner by a judgment and decree dated 23.03.2021.

3. Pursuant to the above judgment, the petitioner made a representation to the

respondent on 13.07.2021 requesting for disconnecting the service connection and the

petitioner also undertook to pay the necessary charges and any amount that is due

and payable to the Department. Since the same was not considered, the present writ

petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.N.Srinivasan, learned counsel for the petitioner and Mr.Abul Kalam,

learned Standing Counsel appearing for the respondent.

5. Taking into consideration the facts and circumstances of the case and the

limited relief sought for in this writ petition, there shall be a direction to the

respondent to consider the representation dated 13.07.2021 on its own merits and in

accordance with law and take a decision within a period of four weeks from the date

of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the respondent

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along with all the relevant records and a copy of this order. With the above directions,

this writ petition is disposed of. No costs.

03.09.2021

Index : Yes/No Internet : Yes/No KST To

The Assistant Engineer TANGEDCO (O&M) Mettur Division, Mettur Dam Salem District.

http://www.judis.nic.in W.P.No.18414 of 2021

N. ANAND VENKATESH, J.

kst

W.P.No.18414 of 2021

03.09.2021

http://www.judis.nic.in