A.Noorjahanbe v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.03.2016
CORAM
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM WP.Nos.7551 to 7554/2016 & WMP.Nos.6778 to 6785/2016 1.A.Noorjahanbe 2.Shagulameed 3.Kuppakanni 4.Mahamutabe 5.Jalal 6.Salimabe 7.Shiek Dawood 8.Kahar Basha 9.Begam 10.Basha 11.Madhian 12.Sabarabe 13.Ayishabe 14.Jamila 15.Meharunnisa 16.Kathijabe 17.Settammaa 18.Naseema 19.Gafoor 20.Sabirabe 21.Malik basha 22.Mumthaj 23.Gulnar WP.No.7551/2016 1.Jeenathbi 2.Mohamad Gouse 3.Sharpunnisa 4.Sakkirabe 5.Aaminabe 6.Habibunnisa 7.Kamalakannan 8.Kairunnisa 9.Malligabe 10.Fathimuthu 11.Abdul Nazeer 12.Sharmila Banu 13.Ashabi 14.Abdul Muthalif 15.Kadhar Husen
16.K.Shajahan 17.Koodu Basha 18.Jeenath 19.Sayed Rahim 20.Ajeemabi 21.Shafrunnisa 22.Abdul Ghani 23.Jarinabi 24.Abdul Gafoor WP.No.7552/2016 1.Raheemabi 2.Liyakathi Ali 3.Ashraf Ali 4.Aabithabi 5.Shahitha 6.Shamshath 7.Yasinbi 8.Ashama 9.Asan Mohamad 10.Alimabi 11.Asan Khan 12.Sabirabi 13.Kasim 14.Ayishabi 15.Sharmila Begam 16.Shagul Hameed 17.Mohamad Moosa 18.Rajiya Begam 19.Hakkim 20.Kaffar 21.Sharif 22.Jubethabi 23.Moosa 24.Mohamed Iliyas 25.Liyath Ali 26.Usenbi 27.Asif 28.Ameer Basha 29.Hajaranbi 30.Mubarak Ali 31.Fathimabi 32.Innunbi 33.Naseema 34.Mohamed Ali 35.Jubithabi 36.Begam WP.No.7553/2016
1.Shafrunnisa 2.Basha 3.Mohamed Jiya 4.Saifullah 5.Noorjahan 6.Shagul Hameed 7.Abdul Majid 8.Mumthaj Begam 9.Parveen 10.Ramizabi 11.Noorunnisa 12.Dhasthageer 13.Kulsar 14.Asharafunnisa 15.Fathimabi 16.Julekabi 17.Saithanibi 18.Abdul Ameed 19.Shakkila Banu 20.Saravanan 21.Kaliyaperuma 22.Krishnamorrthi 23.A.Mohammad Liyakathilai 24.Faridhabi 25.Ajjamabi 26.Gulsarbi 27.Mumtaj WP.No.7554/2016
Versus
1.The Assistant Engineer Tamil Nadu Electricity Board Thindivanam.
2.The District Forest Officer Villupuram Division/Thindivanam Villupuram.
3.The Range Officer Thindivanam Range, Thindivanam.
Respondents in all the writ petitions Writ petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to provide domestic electricity service connection to the petitioners representation dated 05.06.2012.
For Petitioners in all the writ petitions:
Mr.S.N.Kirubanandam For R1 in all the writ petitions :
Mr.M.Varun Kumar For RR2&3 in all the writ petitions :
Mr.N.Inbanathan, GA [Forests] COMMON ORDER Heard Mr.S.N.Kirubanandam, learned counsel appearing for the petitioners ; Mr.M.Varun Kumar, learned counsel accepting notice on behalf of the 1st respondent ; and Mr.N.Inbanathan, learned Government Advocate [Forests] accepting notice on behalf of the respondents 2 and 3 and with their consent, the writ petitions are taken up for final disposal at the admission stage. Since the issue involved in the above writ petitions is one and the same, the writ petitions are disposed of by the following common order.
The petitioners have come forward with the present writ petitions seeking for issuance of a writ of mandamus to direct the 1st respondent to provide domestic electricity service connection by considering their representation dated 05.06.2012. Admittedly, the petitioners are encroachers of the Government property. It is not known as to whether the said property is a water body or it is a poramboke land. The petitioners claim to be in possession of the said property for some years and they state that they have been affected by Tsunami and the Government has not rehabilitated them nor given alternate sites.
Since the writ petitions are disposed of at the admission stage, the merits of the allegations made by the petitioners cannot be gone into. Further, this Court cannot issue any positive direction at this juncture since individual petitioners have not given any representation to the Electricity Board for grant of electricity supply and the representation dated 05.06.2012, is collectively by the members of Koonimedu village, Villupuram District. Based on such representation, no writ of mandamus could be issued as sought for by the petitioners.
Accordingly, while rejecting the relief sought for by the petitioners, liberty is granted to them to submit individual representations to the 1st respondent, who shall obtain appropriate report from the District Collector, Villupuram, and also from the District Forest Officer, Tindivanam, and from the Range Officer, Tindivanam Range and after getting appropriate
report, pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. In case of any difficulty in implementing the order of this Court within the time permitted, the respondents are at liberty to seek for extension of time.
With the above direction, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Assistant Engineer Tamil Nadu Electricity Board Thindivanam.
2.The District Forest Officer Villupuram Division/Thindivanam Villupuram.
3.The Range Officer Thindivanam Range, Thindivanam.
+1 cc to M/s.S.N.Kirubanandam Advocate sr.13375 +1 cc to Mr.M.Varunkumar Advocate sr.13351 +1 cc to the Special Government Pleader sr.13107 WP.Nos.7551 to 7554/2016 aa08/03/2016