North K.P.K Nagar Residence Public Welfare Association v. The Secretary To The Prime Minister Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26134 of 2021 North K.P.K.Nagar Residence Public Welfare Association, Reister No.342/2021 Represented by its President, Mr.N.Sanjeevi S/o.Narasimhan No.34, First Street, North KPK Nagar, Kottivakkam, Chennai-41.

.. Petitioner Vs.

1. The Secretary to Government, Prime Minister Office, South Block, Raisina Hill, New Delhi-110 011.

2. The Tahsildar, Shozhinganallur Taluk Office, Shozhinganallur, Chennai.

3. The Executive Engineer/O&M/IT Corridor, TNEB, No.110 KV Tidel Park,

4. The Assistant Executive Engineer (AD) TNEB, No.110, KV Tidel Park,

5.The Assistant Engineer (AE) TNEB, No.110, KV Tidel Park,

6. The Village Administrative Officer, ECR Main Road, Palavakkam, Chennai-41.

7. K.P.Kandan ..Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, call for the records of the second respondent and to quash the impugned order in Na.Ka.No.2749/2021/Aa2 dated 25.10.2021 passed by the second respondent also direct the second respondent to give no objection certificate (NOC) to the petitioner association members through representation letter dated 04.08.2021 for electricity connection to the petitioner area residents.

For Petitioner : Mr.A.Ramesh Manikandan For Respondents : Mrs.C.Sangamithirai, Special Government Pleader R2 & R6 Mr.A.Prakash R1 Central Government Standing Counsel Mr.L.Venkatesh R3 to R5 Standing Counsel

O R D E R

The petitioner has filed this petition to issue a writ of Certiorarified Mandamus, call for the records of the second respondent and to quash the impugned order in Na.Ka.No.2749/2021/Aa2 dated 25.10.2021 passed by the second respondent also direct the second respondent to give no objection certificate (NOC) to the petitioner association members through representation letter dated 04.08.2021 for electricity connection to the petitioner area residents.

2. The case of the petitioner is that the petitioner association including that area people were initially resided in Veeranam Kalvai area since 1982. During the year 2000, the Government have acquired the land for extending the road project and allotted alternative land where the people are now residing. Initially, the Electricity connection has given to the said area people. Later the same was disconnected. Hence, the petitioner association and the area people have made several representations to the respondents. On 25.10.2021, the second respondent has rejected the petitioner's claim. Since the same was not considered so far, the petitioner has filed the present

writ petition before this Court.

3. The learned counsel for the petitioner submitted that the revenue officials only have allotted the land to the people where they are now residing. But the TNEB officials have not given electricity connection to them. It is mandatory to get the no objection certificate from the second respondent to get the electricity connection, for which, the petitioner association and the area people sent several representations to the respondents. But, the second respondent refused to give no objection certificate vide proceedings dated 25.10.2021, which is not sustainable one. Hence, this Court may quash the said proceedings and allow this writ petition.

4. The learned special Government Pleader appearing for the respondents submitted that the the lands, in which the petitioner sought for NOC, are classified as Government poromboke land. This Court has repeatedly held that when the land is classified as government poromboke land, there is no power to give NOC to the said land. Hence, the learned

counsel prays to dismiss the present petition.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the Government acquired land for road extension project and allotted land for 500 persons to KPK Nagar, which is Government poromboke land. Out of 505 persons, 475 persons were given NOC certificate and got electricity connection. Due to non issuance of NOC, the petitioner and the area people have not obtained electricity connection and they are residing for nearly 21 years. However, the second respondent has rejected the claim of the petitioner and refused to give NOC to them.

7. As per the submission of the learned Special Government Pleader, when the land is classified as Government poromboke land, the NOC cannot be given. Where such NOC could not be produced, the applicant for getting electricity service connection will not be given. Therefore, the second respondent has rightly rejected the claim made by the petitioner and this Court cannot issue any positive direction to the second respondent to issue

NOC in favour of the petitioner's association and this Court is not inclined to quash the impugned order passed by the second respondent. This Court only can grant a liberty to the petitioner to work out their remedy before the concerned authority for re-classification of the government poromboke land.

8. In the result, this Writ Petition is dismissed. No costs. 09.12.2021 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The Secretary to Government, Prime Minister Office, South Block, Raisina Hill, New Delhi-110 011.

2. The Tahsildar, Shozhinganallur Taluk Office, Shozhinganallur, Chennai.

3. The Executive Engineer/O&M/IT Corridor, TNEB, No.110 KV Tidel Park,

4. The Assistant Executive Engineer (AD)

TNEB, No.110, KV Tidel Park, 5.The Assistant Engineer (AE) TNEB, No.110, KV Tidel Park,

6. The Village Administrative Officer, ECR Main Road, Palavakkam, Chennai-41.

M.DHANDAPANI,J.

rli W.P.No.26134 of 2021 09.12.2021