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Madras High CourtWP/22964/2025disposed of

J.Mageshwari v. The Chairman

2025-06-26Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. J.Mageshwari W/o. Joshwaray Mond, No. 25 New Nagireddy Garden Extension, Munneswaran Nagar, Guindy Industrial Estate, Guindy, Chennai 600 032.

Petitioner(s) Vs

1. The Chairman and Managing Director, TANGEDCO, 10th Floor, NPKPR Maaligai, 144 Mount Road, Anna Salai, Chennai-600 002 2.The Executive Engineer, and Operation TANGEDCO, Guindy Chennai 600 3.The Assistant Engineer TANGEDCO Guindy Industrial Estate, Guindy Chennai 600 032.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ

of Mandamus directing the 3rd respondent herein to provide low tension Domestic Electricity Service connection to the petitioner house situated at No. 25, New Nagireddy Garden Extension, Muneeswaran Nagar, Guindy, Industrial Estate, Guindy, Chennai 600 032 on obtaining necessary indemnity bond and pass orders.

For Petitioner(s):

Mr.Venkataswamy Babu For Respondent(s):

Mr.L.Jai Venkatesh Standing Counsel for R1 to R3

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to provide low tension domestic electricity service connection to the petitioner's house based on the application submitted by the petitioner on 10.07.2024.

2. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the respondents produced the written instructions received from the third respondent to the effect that the application submitted by the petitioner has been cancelled since the petitioner did not submit any title documents and the amount paid by the petitioner is also going to be refunded and the petitioner has been informed about the same through an SMS sent to the petitioner.

3.The learned counsel for the petitioner submitted that the property in question has been categorized as a Government poramboke. Hence, the petitioner is inclined to submit an indemnity bond along with the required fees.

4. Per contra, the learned Standing Counsel appearing on behalf of the respondents submitted that wherever electricity service connection is sought for in a poramboke land, NOC must be obtained from the Tahsildar and in the absence of the same, such an application will not be considered.

5. This Court takes into account the memo dated 28.09.2018, issued by the Chief Engineer and the objections raised by the respondents.

6. This Court has taken into consideration such objections raised by the Electricity Department and has directed in such cases to get an indemnity bond along with the required fees from the applicant and also made it clear that providing such electricity supply will not in any manner confer any right to the occupant of the property. Useful reference can be made to the orders passed in T.M.Prakash and Ors. Vs. The District Collector and the Superintending Engineer, Tamil Nadu Electricity Board reported in (2013) 6 CTC 849 and G.Murugan Vs. The Chairman, Tamil Nadu Electricity Board and Ors reported in (2014) 3 MLJ 851.

7. In the considered view of this Court, no Tahsildar will issue a NOC to

enable an encroacher to get electricity service connection. It is under such circumstances, this Court directed the department to get the indemnity bond along with the necessary fees. When many such orders were passed, it was also complied with and service connection was granted. Therefore, the petitioner cannot be treated differently. It is seen from records that the petitioner has been in possession and enjoyment of the property for the past 10 years and there are documents to show that the petitioner is in possession and occupation of the property.

8. In the light of the above discussion, there shall be a direction to the petitioner to submit a fresh on-line application to the third respondent along with the necessary particulars. On receipt of the same, the third respondent shall get an indemnity bond from the petitioner along with the required fees and thereafter, service connection shall be granted. It is made clear that providing such service connection will not in any way confer any right to the petitioner over the property.

This writ petition is disposed of in the above terms. No costs. 26-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chairman And Managing Director, TANGEDCO, 10 Th Floor, NPKPR Maaligai, 144 Mount Road, Anna Salai, Chennai 2.The Executive Engineer, and Operation TANGEDCO, Guindy Chennai 600 3.The Assistant Engineer TANGEDCO Guindy Industrial Estate, Guindy Chennai 600 032.

N.ANAND VENKATESH J.

rka 26-06-2025