S.Sasikala, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN S.Sasikala ...
Petitioner Vs.
[R-3 suo moto impleaded as per order of this court dated 11.08.2016) ...
Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 2nd respondent to provide the petitioner's household with the required electricity connection situated at No.2/1851, Kasthuri Bai Nagar, Thoraipakkam, Chennai - 600 097.
For Petitioner : Mr.C.Ganesh For R1 & R2 : Mr.S.K.Raameshuwar For R3 : Mr.P.V.Selvakumar
O R D E R
The writ petition is filed for issuance of writ of mandamus directing the 2nd respondent to provide the petitioner's household with the required electricity connection situated at No.2/1851, Kasthuri Bai Nagar, Thoraipakkam,
2. This petition was dismissed by this Court on 02.11.2016 as not maintainable with an observation that since the petitioner is in occupation of the poromboke land, she does not have any right even to occupy the property.
3. At request of the learned counsel for the petitioner, today the matter is taken up for hearing since the order passed by this Court on 02.11.2016 needs to be recalled. Hence, the order of this Court dated 02.11.2016 is recalled and the following order is passed.
4. Since Rule 27 (12) of the Tamil Nadu Electricity Distribution Code speaks about providing electricity service connection only on production of NOC from the concerned authority in case if the individual is in occupation of the
poramboke land, it is open to the petitioner to get NOC from the concerned authority and approach the Electricity Board for providing electricity service connection. On production of such NOC by the petitioner, the respondent is at liberty to decide the matter, in accordance with law.
5. With the above direction, this writ petition is disposed of. No costs.
04.11.2016 rgr Index : Yes/No To
N.KIRUBAKARAN, J.
rgr 04.11.2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN S.Sasikala ...
Petitioner Vs.
[R-3 suo moto impleaded as per order of this court dated 11.08.2016) ...
Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 2nd respondent to provide the petitioner's household with the required electricity connection situated at No.2/1851, Kasthuri Bai Nagar, Thoraipakkam, Chennai - 600 097.
For Petitioner : Mr.C.Ganesh For R1 & R2 : Mr.S.K.Raameshuwar For R3 : Mr.P.V.Selvakumar
O R D E R
The petitioner has sought for electricity service connection in respect of the property situated at Door No.2/1851, Kasthuri Bai Nagar, Vettuvaankeni, Thuraipakkam, Chennai - 600 097.
2. It is represented by the respondent/Electricity Board that the property is a poromboke land. In similar circumstances, the First Bench of this Court in V.Kesavan v. The Chairman, The Tamil Nadu Electricity Baord, Chennai - 2 and others [W.P.No.19025 of 2016 dated 15.09.2016] had negatived the claim of the petitioner therein.
3. Since the petitioner is in occupation of the poromboke land, she does not have any right even to occupy the property. Therefore, this Writ Petition is not maintainable and accordingly, the same is dismissed. No costs. 02.11.2016
Index : Yes/No jvm/rgr N.KIRUBAKARAN, J.
jvm/rgr 02.11.2016 http://www.judis.nic.in