S.Murthy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.07.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.20977 of 2019 S.Murthy .. Petitioner /versus/ 1.The Secretary to Government, Electricity Department, Secretariat, Chennai-600 009.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Head Office, Mount Road, Chennai.

3.The Superintending Engineer, CEDC/West, No.110 K.V.Thirumangalam SS Complex, Anna Nagar, Chennai-40.

.. Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to issue Single Phase Electricity connection for further construction in the petitioner's premises by considering the representation of the petitioner dated 10.06.2019. For petitioner : Mr.V.K.Elango For Respondents : Mr.P.R.Dhilipkumar, St.c.

O R D E R

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The grievance of the petitioner is that he has given a representation on 10.06.2019 to the 2nd respondent seeking power connection. However, the representation so far not considered by the respondent.

3. The learned counsel for the respondents would submit that the petitioner has not furnished any documents to prove his possession. Further the land in which he seeks electricity power connection is a Government poramboke land, so the electricity power cannot be given without proof of possession and No Objection Certificate by the revenue authorities.

4. The learned counsel for the petitioner would submit that the petitioner has LIC policy which reflects his possession. So, the respondents may consider the same to give electricity connection after getting indemnity bond.

5. The learned counsel for the respondent would submit that only after getting No Objection Certificate from the landlord, the tenant can seek for electricity connection. If the landlord refused to give NOC, then the indemnity bond shall be obtained for electricity connection as per rule 27(d) of the Tamil Nadu Electricity Distribution Code. If it is Government poramboke land, the applicants should get NOC from the concerned VAO.

6. It is a case where the petitioner has not produced any documents of acceptance to show his possession. LIC policy is not a document to show his possession/residence.

7. In the above said circumstances, this writ petition cannot be entertained and the same is dismissed. No costs. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rpl To 1.The Secretary to Government, Electricity Department, Secretariat, Chennai-600 009.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Head Office, Mount Road, Chennai.

3.The Superintending Engineer, CEDC/West, No.110 K.V.Thirumangalam SS Complex, Anna Nagar, Chennai-40.

+1 CC to Mr.V.K.Elango, Advocate sr 62713 +2 CC to Mr.P.R.Dhilipkumar, Advocate sr 60043 & 63054 W.P.No.20977 of 2019 EV(CO) SP(04/09/2019)