P.Kandhan v. The Chief Executive Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.21524 of 2023 P.Kandhan
...Petitioner
-Vs1.The Chief Executive Engineer, 2.The Executive Engineer, 3.The Tahsildar, Tahsildar Office, Vandalur Taluk, Chengalpattu District.
4.The Revenue Inspector, Mannivakkam Village, Vandalur Taluk, Changalpauu District.
5.The Village Administrative Officer, Mannivakkam Village, Vandalur Taluk, Chengalpattu District.
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6.The Revenue Divisional Officer, Chengalpattu.
...Respondents
(R6 suo motu impleaded Vide Order dt.20.07.2023 made in W.P.21524/2023 by NSSJ) Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent dated 18.04.2023 under Na.Ka.No.151/2023/A1 and quash the same and consequently direct the 3rd Respondent to issue No Objection Certificate and thereby enable Respondents 1 and 2 to grant of power supply to the property situated at Door No.11/172 Annai Ambedkar Nagar, Mannivakkam Village, Vandalur Taluk, Chengalpattu District within a time frame fixed by this Hon'ble Court. For Petitioner : Mr.R.Thiagarajan For R1 and R2 : Mr.L.Jaivenkatesh, Standing Counsel for TNEB For RR3 to 6 : Mr.M.Bindran, Additional Government Pleader
ORDER
The petitioner faces difficulty in obtaining electricity connection, since the third respondent refuses to give him a No Objection Certificate on the ground that the house of the petitioner stands in a Odai Poromboke, a water body.
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2.The learned counsel for the petitioner submits that in the same Survey Number, 499 other residents are there and that all of them were provided with electricity supply. The learned counsel further submitted that after 2015 floods, the banks were fully repaired and a compound wall has also been put up to determine the bounds of the water body. 3.The learned counsel for the petitioner brought to the notice of the Court a picture of the water body from the Google Map showing the compound wall or the fencing put up by the Authorities concerned. 4.Mr.L.Jaivenkatesh, learned Standing Counsel for the Tamil Nadu Electricity Board takes notice for the respondents 1 and 2. 5.Mr.M.Bindran, learned Additional Government Pleader takes notice for the respondents 3 to 6.
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6.The petitioner is now directed to prefer a representation to the sixth respondent within a period of ten days from the date of receipt of a copy of this order, whereupon the sixth respondent will cause a personal enquiry and if required, also cause a field visit of the property and ascertain the facts on ground and issue such appropriate directions to the third respondent for granting the No Objection Certificate required by the petitioner. This exercise must be concluded by the sixth respondent/Revenue Divisional Officer within a period of eight (8) weeks from the date on which the petitioner presents his representation. 7.The Writ Petition is disposed of accordingly. No costs. 20.07.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The Chief Executive Engineer, 4/6
2.The Executive Engineer, 3.The Tahsildar, Tahsildar Office, Vandalur Taluk, Chengalpattu District.
4.The Revenue Inspector, Mannivakkam Village, Vandalur Taluk, Changalpauu District.
5.The Village Administrative Officer, Mannivakkam Village, Vandalur Taluk, Chengalpattu District.
6.The Revenue Divisional Officer, Chengalpattu.
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N.SESHASAYEE, J., Tsg Order made in 20.07.2023 6/6