(Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents to pass order on the representation of the petitioner dated 14.07.2008 and to investigate the matter in detail and to lodge a criminal complaint against villagers of the Uzakkudi, Srivaikundam Taluk, Titucorin District.)

Mr.M.Suresh Kumar, learned counsel for the respondents has taken notice.

2. Heard both sides.

3. A run through narration of the grievance of the petitioner as found detailed and delineated in the affidavit accompanying the petition would run thus:

The petitioner is owning agricultural land, wherein electric motor pumpset is found installed in a room and it was meddled with by the villagers of Uzhakkudi viz., Velusamy, Sudali @ Umaiyandi, Nainar, Murugan and Ganesan and they also illegally tapped the electricity supply; whereupon, a complaint was lodged with the second respondent viz., the Junior Engineer, Tamil Nadu Electricity Board, Vallanadu, Srivaikundam Taluk, Tuticorin District on 14.07.2008. The said official by his reply dated 11.08.2008 informed that the petitioner should approach the police and that if at all the petitioner was interested, the electricity connection would be disconnected. Since, the petitioner could not get redressal from the second respondent, this writ petition has been filed seeking remedy.

4. The learned counsel appearing for the respondents would submit that the Junior Engineer, Tamil Nadu Electricity Board, Vallanadu, Srivaikundam Taluk, Tuticorin District vide his letter dated 11.08.2008 appropriately and appositely, correctly and convincingly gave reply that it was a tussle between the petitioner and the said villagers of Uzhakkudi; the second respondent had nothing to do with it; it is not a simple case of electricity theft; hence they had to set the criminal law in motion by approaching the police or the learned Judicial Magistrate concerned.

5. In this factual matrix, I am of the considered opinion that the learned counsel appearing for the respondents was right in his submission that the petitioner should approach the police or the Judicial Magistrates Court concerned. My mind is redolent of the direction given by this Court in the judgment dated 18.07.2007 in Crl.O.P(MD)No.6616 of 2007, communicated vide circular in ROC.No.1110B/07/F/MB P.Dis.No.5/2007 dated 30.07.2007 and as per that the petitioner could approach the learned Magistrate under Section 156(3) Cr.P.C. for taking action as against the wrongdoers, whereupon the learned Magistrate shall have to adhere to the procedures as set out supra and accordingly render justice. In the result, this writ petition is disposed of.