IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28/07/2005
Coram
THE HON'BLE MR. MARKANDEY KATJU, THE CHIEF JUSTICE
and
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
Writ Appeal No.4004 of 2004
1. The Tamil Nadu
Electricity Board
rep. by its Chairman,
No.800, Anna Salai,
Chennai-2.
2. Assistant Engineer,
Operation & Maintenance/
Ice House,
No.26, West Cott Road,
Royapettah,
Chennai-600 014. .. Appellants
-Vs-
1. A.R.Juhurunisha
2. A.R.Mehrunissa
3. I.B.Sabburamma
4. A.R.Zunaitha Begum
rep. by their Power Agent
Y. Zaheeruddin Ahmed. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 30.4.2004 passed in Writ Petition No.5255 of 2004.
!For appellants : Mr. G.Vasudevan
^For respondents: Mr. Gnanasekar
:JUDGMENT
(Judgment of the Court was delivered by
The Honourable The Chief Justice)
This writ appeal has been filed against the impugned order of the
learned single Judge dated 30.4.2004 passed in Writ Petition No.5255 of 2004.
2. We have heard the learned counsel for the parties and perused the
impugned order.
3. In the impugned order, the learned Judge has observed as follows:
” The respondents are directed to give electricity connection by strengthening
the existing transformer available nearer to the premises of the petitioners
on payment of necessary amount by the petitioners.”
4. In our opinion, it was not proper for the learned Judge to give
such a direction.
5. Ordinarily, the Judiciary should not encroach into the Legislative
or Executive domain vide Rama.Muthuramalingam vs. Deputy Superintendent of
Police, Mannargudi, A.I.R. 2005 Madras 1. There is a broad separation of
powers under the Constitution and it is not proper for Judges to encroach into
the sphere of another organ of the State. By the impugned order, the learned
Judge, with due respect to him, has encroached into the domain of the
Electricity authorities. This Court can only direct that the representation
of the writ petitioners in this connection should be decided in accordance
with law by the authority concerned within a reasonable time. But the Court
should not itself take over the functioning of the Executive authority.
6. In the circumstances we modify the impugned order of the learned
single Judge and direct that the authorities of the Tamil Nadu Electricity
Board shall consider the request of the writ petitioners as prayed for in the
writ petition within a reasonable time preferably within a month from the
production of this order before the authority concerned. The writ appeal is
disposed off with this direction. W.A.M.P.Nos.7510 of 2004 and
W.A.V.M.P.No.2195 of 2005 are closed.
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