W.P.(MD)No.31042 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.31042 of 2024 PR.Saraswathy : Petitioner Vs. 1.The Executive Engineer, Tamil Nadu Electricity Board, Devakottai Taluk, Sivagangai. 2.The Assistant Engineer, Tamil Nadu Electricity Board, Devakottai Taluk, Sivagangai. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31042 of 2024 remove and relocate the electric pole situated in S.No.223/12, Devakottai Taluk, Sivagangai District to a safer and more appropriate location by considering the petitioner's representation dated 12.07.2024. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents 1 & 2 : Mr.S.Deenadhayalan Standing Counsel O R D E R ************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the respondents to remove and relocate the electric pole situated in S.No. 223/12, Devakottai Taluk, Sivagangai District to a safer and more appropriate location by considering the petitioner's representation dated 12.07.2024. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31042 of 2024 3.The petitioner herein had given a representation to the respondents on 12.07.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 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 the 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 to consider the petitioner's representation dated 12.07.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein, as well as all other persons, who may be interested in the subject 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31042 of 2024 property, within a period of three [3] months from the date of receipt of a copy of this order. It is 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 concerned respondents to consider the same on its own merits. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [M.S.R.,J.] & [A.D.M.C.,J.] 06.01.2025 Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31042 of 2024 To 1.The Executive Engineer, Tamil Nadu Electricity Board, Devakottai Taluk, Sivagangai. 2.The Assistant Engineer, Tamil Nadu Electricity Board, Devakottai Taluk, Sivagangai. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31042 of 2024 M.S.RAMESH, J. and A.D.MARIA CLETE, J. MR ORDER MADE IN W.P.(MD)No.31042 of 2024 06.01.2025 6/6 https://www.mhc.tn.gov.in/judis