H.Meharunnisa v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI H.Meharunnisa ... Petitioner Vs.
1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Erode Urban Office, E.V.N.Salai, Erode - 9.
2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kavundapadi - 638 455, Erode.
3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Perunthalaiyur - 638 315, Bhavani Taluk, Erode District.
4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.
[R4 - suo motu impleaded vide order dt. 12.06.2024 in W.P.No.15210 of 2024] ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of Page No.1 of 6
the 3rd respondent in his proceedings in Ka.No.Oo.Me.Po/Epe/Peru/Ko.Thane/No.346/2023-24 dated 18.10.2023 quash the same and direct the 3rd respondent to supply the electricity service connection for petitioner's house, which is situated at S.No.353/41, Indira Nagar, Perundalaiyur Village and Post, Bhavani Taluk, Erode District - 638 315 based on petitioner application dated 11.06.2022 and also petitioner representation dated 31.10.2023.
For Petitioner : Mr.S.P.Yuaraj For Respondents : Mr.I.Syed Sibghatulla Standing Counsel [R1 to R3] Mr.U.Baranidharan Additional Government Pleader [R4] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in his proceedings in Ka.No.Oo.Me.Po/Epe/Peru/Ko.Thane/No.346/2023-24 dated 18.10.2023 quash the same and direct the 3rd respondent to supply the electricity service connection for petitioner's house, which is situated at S.No.353/41, Indira Nagar, Perundalaiyur Village and Post, Bhavani Taluk, Erode District - 638 315 based on petitioner application dated 11.06.2022 and also petitioner representation dated 31.10.2023.
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2. The case of the petitioner is that, she is in possession and enjoyment of the property in S.No.353/41 in Indira Nagar, Perunthalaiyur, Bhavani Taluk, Erode District over the past 14 years. Whileso, on 13.06.2022, she made an application for effecting electricity service connection and paid the amount through online on 21.06.2022. However, the Village Administrative Officer has given a letter not to give electricity connection since the property was in dispute so the electricity connection should not be given. Thereafter, the 3rd respondent has issued the impugned proceedings dated 18.10.2023 directing the petitioner to obtain no objection certificate from the Revenue Department. Challenging the same, the present writ petition is filed.
3. Learned counsel appearing for the petitioner submits that in view of fact that the patta proceedings is pending before the DRO and the application of the petitioner is pending, the impugned proceedings has been issued by the 3rd respondent. Hence, on instructions, he submitted that, it would suffice, if this court permits the petitioner to obtain possession certificate or no objection certificate from the Revenue Department in order to produce the same before the respondents for effecting electricity service connection, within a time frame that may be stipulated by this court. Page No.3 of 6
4. On the above contentions, heard the learned Standing Counsel appearing for the respondents 1 to 3 and the learned Additional Government Pleader appearing for the 4th respondent and perused the materials available on record.
5. In view of the limited request sought for by the learned counsel for the petitioner, this court, without interfering with the impugned proceedings, grants permission to the petitioner to obtain Possession Certificate or No Objection Certificate from the Revenue Department and produce the same before the respondents, enabling the respondents to process the application of the petitioner dated 11.06.2022 and pass appropriate orders, within a period of two (2) weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 25.09.2024 Index : Yes / No Speaking order / Non-speaking order Page No.4 of 6
sp To 1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Erode Urban Office, E.V.N.Salai, Erode - 9.
2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kavundapadi - 638 455, Erode.
3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Perunthalaiyur - 638 315, Bhavani Taluk, Erode District.
4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.
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M.DHANDAPANI, J.
sp 25.09.2024 Page No.6 of 6