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Madras High CourtWP/9824/2024disposed of

Asath Satheik v. The District Collector

2025-07-10Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Asath Satheik S/o. Satheik Petitioner(s) Vs

1. The District Collector Dharmapuri District 2.The District Revenue Officer Dharmapuri District 3.The Superintending Engineer Tamil Nadu Electricity Board, Dharmapuri District 4.The Executive Engineer Tamil Nadu Electricity Board, Dharmapuri District 5.The Assistant Engineer O And M, EB Office Bommidi, Dharmapuri District Respondent(s)

PRAYER Calling for the entire records relating to the impugned / rejection order passed by the 3 rd respondent against the online application made by the petitioner in Appl. No. 200081571023916, dated 19.10.2023 and quash the same and consequently directing the 3 rd respondent to provide new electricity connection to the premises of the petitioner in Survey No. 279 situated at kukkalmalai Village, Dharmapuri District, within a stipulated time as fixed by this Court. For Petitioner(s):

Mr.Krishnasamy Chinnasamy For Respondent(s):

Mr.R.Murthy Government Advocate for R1 & 2 Mr.Daniel Mary Standing Counsel for R3 to 5

ORDER

This writ petition has been filed challenging the online rejection order of the 3 rd respondent rejecting the application submitted by the petitioner on 19.10.2023 seeking for new electricity connection to the premises of the petitioner.

2. The case of the petitioner is that the family members entered into a partition in the year 1980 through a registered partition deed dated 31.10.1980. The further case of the petitioner is that he is in possession of the property in Survey No.279. The petitioner submitted the application seeking for domestic service connection and the same has been rejected by the 3 rd respondent on the ground that sufficient documents were not given by the petitioner.

3. A counter affidavit has been filed by the 3 rd to 5 th respondents and they have taken a stand that the petitioner is not even in possession of the property and that the property for which the petitioner is now seeking for service connection is a dilapidated/damaged structure without any roof. Apart from that, the respondents have taken a stand that the property is categorised as Anadheenam land, and without a No-objection certificate, the application submitted by the petitioner cannot be considered.

4. The learned Government Advocate appearing on behalf of the 1 st and nd respondents submitted that the property in question has been categorised as Anadheenam land. That apart, when a survey was done, it is seen that four persons are residing in a thatched house, and that for the thatched house for which the petitioner is seeking for service connection, he has paid property tax for Door No.3/355.

5. The 3 rd respondent has rejected the online application submitted by the petitioner mainly on the ground that the petitioner does not have any documents to substantiate his right and title. That apart, there was no document to prove the possession and enjoyment of the property. Apart from that, the property is categorised as Anadheenam land and therefore, unless the petitioner gets a Noobjection certificate, the service connection cannot be granted.

6. In the considered view of this Court, unless and otherwise the

petitioner satisfies the requirement by submitting the necessary documents before the 3 rd respondent, the 3 rd respondent cannot blindly act upon the application. Therefore, it is left open to the petitioner to submit all the relevant documents before the 3 rd respondent and establish their right and title over the property apart from establishing their possession of the property.

7. On satisfying the same, it is left open to the 3 rd respondent to take an independent decision. The petitioner is directed to submit a fresh online application in this regard along with all necessary particulars.

8. With the above directions, the writ petitions is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 10-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Dharmapuri District 2.The District Revenue Officer Dharmapuri District 3.The Superintending Engineer Tamil Nadu Electricity Board, Dharmapuri District 4.The Executive Engineer Tamil Nadu Electricity Board, Dharmapuri District 5.The Assistant Engineer O And M, Eb Office Bommidi, Dharmapuri District

N.ANAND VENKATESH J.

gd 10-07-2025