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Madras High CourtWP/26638/2025disposed of

K.Parimala v. The Chairman

2025-07-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH K.Parimala W/o.Kumar ... Petitioner Vs 1.The Chairman and Managing Director, TANGEDCO, 10th Floor, NPKPR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Assistant Engineer, O&M, TANGEDCO, Kandigai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the second respondent to forthwith provide Low Tension Domestic Electricity Service Connection to the petitioner's house situated at No.393, A.P.J.Abdulkalam Nagar, Nallampakkam, Vandalur, Kancheepuram District - 600 127 on obtaining necessary Indemnity Bond on merits and as per law within a time stipulated by this Court.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.L.Jaivenkatesh, Standing Counsel *****

ORDER

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This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to act upon the application submitted by the petitioner on 05.07.2025 and to provide low tension electricity service connection to the petitioner.

2. Learned Standing Counsel appearing on behalf of respondents submitted that the property in question has been categorised as a Government poramboke and therefore, the application submitted by the petitioner was not considered and the petitioner was directed to get 'No Objection Certificate' from the concerned authority.

3. The issue involved in the present writ petition is covered by the earlier order passed by this Court in W.P.No.22820 of 2025 dated 25.06.2025 and the relevant portions are extracted hereunder: "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.

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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."

4. This writ petition is also disposed of in terms of the above order. If, in case, the application submitted by the petitioner has already been rejected, the petitioner shall make a fresh application and the same shall be considered in line with the above order within a period of four (4) weeks from the date of receipt of fresh application filed by the petitioner. The second respondent shall get an indemnity bond from the petitioner along with required fees and thereafter, service connection shall be granted. As was held N.ANAND VENKATESH, J.

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in earlier order, providing electricity service connection itself will not in anyway confer any right to the petitioner over the property. No costs. 22.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chairman and Managing Director, TANGEDCO, 10th Floor, NPKPR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Assistant Engineer, O&M, TANGEDCO, Kandigai.

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