Disposed¶25

C.Sarathambal v. The Executive Officer

Writ Petition (Mandamus) – Electricity connection for agriculture

Madras HC27 Jan 2025WP(MD)/2027/2025

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Case brief

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What is this about?

Agricultural electricity service connection; TANGEDCO Thanjavur Electricity Distribution Circle; mandamus under Article 226 to consider representation dated 03.12.2024; duty of statutory authority to decide representation; dereliction of duty; four-week compliance timeline; S.No.312/1 Nattusalai Pattukottai Taluk; Madras High Court Madurai Bench; L. Victoria Gowri J.; W.P.(MD).No.2027 of 2025; disposed of, no costs.

What did the court decide?

Direction to the respondent to consider the petitioner's representation dated 03.12.2024 and pass appropriate orders in accordance with law within four (4) weeks from receipt of a copy of the order; no costs awarded. ¶25

C.Sarathambal Vs The Executive Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent is bound to consider and dispose of the petitioner's representation dated 03.12.2024 seeking an electricity connection for agriculture purposes in respect of S.No.312/1, Nattusalai, Pattukottai Taluk, Thanjavur District, and whether a Writ of Mandamus should issue directing such consideration. +1 more

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Court's answer

The respondent was directed to consider the petitioner's representation dated 03.12.2024 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of the order; with these directions the writ petition was disposed of with no costs.

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Ratio / Principle

Whenever a representation of this nature is made to a statutory authority, there is a duty cast upon the authority to consider it on its own merits and pass appropriate orders one way or the other instead of keeping it pending indefinitely; non-consideration amounts to dereliction of duty and justifies invocation of Article 226.

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Detailed headnote1 paragraphs

Writ Petition (Mandamus) - Electricity connection for agriculture - Petitioner sought a direction to the Executive Officer, Thanjavur Electricity Distribution Circle, TANGEDCO, to provide an agricultural electricity connection in respect of S.No.312/1 (0.23.0 acres) at Nattusalai, Pattukottai Taluk, Thanjavur District, based on her representation dated 03.12.2024 - Held: a statutory authority has a duty to consider such a representation on its own merits and pass appropriate orders instead of keeping it pending indefinitely; non-consideration amounts to dereliction of duty justifying invocation of Article 226 - Respondent directed to consider the representation dated 03.12.2024 and pass appropriate orders in accordance with law within four (4) weeks - Writ petition disposed of. No costs.

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W.P.(MD).No.2027 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.01.2025

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.2027 of 2025

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C.Sarathambal ... Petitioner

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Vs.

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The Executive Officer, Thanjavur Electricity Distribution Circle, TANGEDCO, Pattukottai, Thanjavur District. ... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to provide electricity connection for agriculture purposes in respect of the property bearing S.No.312/1 measuring to an extent of 0.23.0 acres situated at Nattusalai, Pattukottai Taluk, Thanjavur District to the petitioner based on the representation dated 03.12.2024 within the time stipulated by this Court.

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For Petitioner : Mr.K.Vinoharan

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For Respondents : Mr.S.Deenadhayalan, Standing counsel

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W.P.(MD).No.2027 of 2025

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ORDER

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By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

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2.This writ petition is filed seeking to direct the respondent to provide electricity connection for agriculture purposes in respect of the property bearing S.No.312/1 measuring to an extent of 0.23.0 acres situated at Nattusalai, Pattukottai Taluk, Thanjavur District to the petitioner based on the representation dated 03.12.2024.

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3.Heard the learned counsels on either sides and carefully perused the materials available on record.

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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 the respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be

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W.P.(MD).No.2027 of 2025

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justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

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5.Considering the limited scope of the relief sought for by the petitioner herein, this Court hereby direct the respondent to consider the petitioner's representation dated 03.12.2024 and pass appropriate orders in accordance with law within a period four (4) weeks from the date of receipt of a copy of this order.

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6.With the above directions, this writ petition is disposed of. No costs.

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27.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes Sml

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The Executive Officer, Thanjavur Electricity Distribution Circle, TANGEDCO, Pattukottai, Thanjavur District.

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