M. R. Sheik Abdul Rahim v. Chairman, Tamil Nadu Electricity Board, Chennai
2011-03-10
R.SUDHAKAR
body2011
DigiLaw.ai
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 9.3.2011 and initiate appropriate action against the fourth respondent. 2. Mr.P.Srinivas, learned counsel takes notice on behalf of the respondents 1 to 3 electricity board. He states that no authority by designation "Assistant Director", shown as the fourth respondent is holding the post. In view of the above, the relief against the fourth respondent has to fail. In view of the submission made by the learned counsel for the respondents 1 to 3 and in view of the nature of order that is to be passed in this matter, the fourth respondent is directed to be deleted from the cause list. 3. By consent of both the parties, the writ petition is taken up for final disposal for moulding the relief for appropriate relief. 4. The grievance of the petitioner is that there is a transformer installed at the instance of the petitioner in his lands under self finance scheme has a limited load factor. The Assistant Executive Engineer concerned is granting agricultural service connection to the third parties from the very same transformer, over and above the prescribed limit. This, according to the petitioner, is causing great hardship and prejudice to the petitioner as the transformer is unable to supply enough power effectively to his service connection. The agricultural operation is consequently affected. 5. In this regard, petitioner has given a representation dated 9.3.2011 to the Chairman, Tamil Nadu Electricity Board and the present writ petition has been filed to consider the said representation on merits. It also relates complaint against a named officer. 6. As pointed out by Mr.P.Srinivas, the Assistant Executive Engineer, Tamil Nadu Electricity Board is the competent person to decide as to the number of service connection that will be accommodated in a transformer and, therefore, suitable direction may be issued to the said authority. Insofar as the complaint to the Chairman against the so-called Assistant Director is concerned, it is for the Chairman, Tamil Nadu Electricity Board to look into the issue on its own merits and take action if warranted on the officer concerned if the allegation is true. 7.
Insofar as the complaint to the Chairman against the so-called Assistant Director is concerned, it is for the Chairman, Tamil Nadu Electricity Board to look into the issue on its own merits and take action if warranted on the officer concerned if the allegation is true. 7. Considering the above stand taken by the counsel appearing for the respondents 1 to 3, petitioner is directed to give a detailed representation along with a copy of this order to the Assistant Executive Engineer, Tamil Nadu Electricity Board at Chinnamannur, Theni District setting out the nature of grievance (i.e.) relating to over loading of transformer and on such representation being made, the authority shall consider the same in accordance with the provisions of the Tamil Nadu Electricity Distribution Code within four weeks thereafter. 8. Insofar as the representation dated 9.3.2011 is concerned, the first respondent shall consider the grievance expressed by the petitioner on its own merits and in accordance with law expeditiously. If any action is proposed against one or other officer it shall be done by following the principles of natural justice and the procedure prescribed under law. 9. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.