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Judgment
Markandey Katju, C.J.—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.
We have heard the learned counsel for the parties and perused the impugned order.
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.
In our opinion, it was not proper for the learned Judge to give such a direction.
Ordinarily, the Judiciary should not encroach into the Legislative or Executive domain vide Rama Muthuramalingam, State Propaganda
Committee Member Vs. The Deputy Superintendent of Police and Others, . 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.
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.