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Madras High CourtWP/2181/2024disposed of with direction

N.Yacob v. The District Collector

2025-09-16Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.2364 of 2024 N. Yacob ... Petitioner vs.

1. The District Collector, Chennai District Collector Office, Singaravelar Maligai, Chennai - 600 001.

2. The Thasildhar, Ambattur Taluk Office, Ambattur, Chennai - 600 053.

3. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

4. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

5. The Assistant Executive Engineer, 1/7

Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Oragadam, Chennai- 600 053.

6. The Assistant Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Banu Nagar, CEDC West, Chennai - 600 053.

...

Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent vide letter Na.Ka. No.c2/2881/2023, dated 20.09.2023 and quash the same, as illegal, arbitrary and to directing the 2nd respondent to issue "No Objection certificate" to electricity connection and consequentially direct the 6th respondent to provide electricity connection to the petitioner house at the petitioner house No.11A, Rajiv Gandhi Street, Kalyanapuram, Ambattur, Chennai - 600 053. For Petitioner : Mr.R. Chakkaravarthy For Respondents : Mrs. S. Anitha Spl. Govt. Pleader for R1 & R2 Mr.L. Jaivenkatesh for R3 to R6.

ORDER

This writ petition has been filed to call for the records pertaining to the impugned order passed by the 2nd respondent vide letter Na.Ka. 2/7

No.c2/2881/2023, dated 20.09.2023 and quash the same and consequently direct the 2nd respondent to issue "No Objection certificate" to electricity connection and the 6th respondent to provide electricity connection to the petitioner house at the petitioner house No.11A, Rajiv Gandhi Street, Kalyanapuram, Ambattur, Chennai - 600 053.

2. The case of the petitioner is that he is in occupation of the land situated at No.11A, Rajiv Gandhi Street, Kalyanapuram, Ambattur, Chennai - 600 053, and that he has approached the authorities concerned seeking electricity connection for his residence. Later, he approached the 2nd respondent seeking for issuance of No Objection Certificate, but the same was refused without stating any reasons, vide proceedings dated 20.09.2023, which is impugned herein. Aggrieved over the same, this writ petition has been filed.

3. Learned counsel for the petitioner argued that the petitioner's representation dated 11.09.2023 seeking for electricity connection has not been considered by the respondents in a proper manner, which ultimately resulted in issuance of the impugned rejection order and thus the same is non-est in law. He would further submit that later, it came to light that the land in question is classified as Government poramboke land. Pointing his arguments, he submitted several other residents, who are also residing in poramboke lands in the same locality, have been provided with electricity connections based on 3/7

indemnity bond and, therefore, denial of connection to the petitioner alone is discriminatory. Hence, he prayed for quashment of the impugned proceedings dated 20.09.2023 as well as for issuance of appropriate directions to the respondents to provide electricity connection to the petitioner's house. Accordingly, he prays for allowing of this writ petition.

4. Reiterating the counter affidavit filed by the 2nd respondent, learned Special Government Pleader appearing for the respondents 1 and 2 would submit that only on submission of proper documents with regard to the claim of lawful occupation, the respondents will be in a position to consider the request of the petitioner and thus, the proceedings dated 20.09.2023 issued by the 2nd respondent, is legally sustainable. He further submitted that the 2nd respondent has no authority to issue a "No Objection Certificate" for providing electricity connection to a Government poramboke land unless such land has been duly assigned in favour of the petitioner by the competent authority. On the aforesaid score, this writ petition is liable to be dismissed and he prayed accordingly.

5. Heard the learned counsel on either side and perused the materials available on record.

6. It is the consistent view of the Courts that unless a person establishes his lawful right or possession over the property by producing either a valid title 4/7

deed or an assignment order / patta issued by the competent authority, he is not entitled to seek electricity connection. In the present case, the petitioner has not provided / placed any valid document establishing his title / assignment over the said property. In such circumstances, the rejection order passed by the 2nd respondent dated 20.09.2023 is a valid one. However, it is the stand of the petitioner that several others residing in poramboke lands in the same locality have been granted electricity connection by submitting indemnity bond.

7. Be that as it may. This Court finds no merit in the present writ petition and accordingly, the same stands dismissed. However, if the petitioner submits a valid assignment / documents relating to title over the subject land, it is open to him to make a fresh application for electricity connection, and the respondents shall consider the same on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 16.09.2025 Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The District Collector, Chennai District Collector Office, 5/7

Singaravelar Maligai, Chennai - 600 001.

2. The Thasildhar, Ambattur Taluk Office, Ambattur, Chennai - 600 053.

3. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

4. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai - 600 002.

5. The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Oragadam, Chennai- 600 053.

6. The Assistant Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Banu Nagar, CEDC West, Chennai - 600 053.

M.DHANDAPANI, J.

vsi2 6/7

and W.M.P. No.2364 of 2024 16.09.2025 7/7