S.Fathima Begam v. The Chairman-Cum -Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.33747 of 2024 S.Fathima Begam
...Petitioner
Vs.
1. The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Limited Anna salai, Chennai-600 002.
2. The Designated Engineer AE/O&M Palayapettai Tirunelveli.
3. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No. Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the 1st respondent to take action petitioners representation dated 22.10.2024 to provide the electricity connection to the property situated at T.S.No.2034-Thenkasi Road, Old ward8/New Ward-AE, Block -14, Kandiyaperi-2,Palayapettai, Thirunelveli, 1/5
Thirunelveli -627 008 respectively without insisting No objection certificate from the 3rd respondent.
For Petitioner : Mr.M.Jaisingh For Respondents 1 and 2 : Mr.S.Madusudanan Standing Counsel (TNEB)
O R D E R
The petitioner herein seeks a direction to 1st respondent to take further action based on the petitioner's representation dated 22.10.2024 seeking electricity service connection to her property situated in T.S.No.2034, Thenkasi Road, Old ward-8/New Ward-AE, Block -14, Kandiyaperi2,Palayapettai, Thirunelveli, Thirunelveli -627 008 without insisting NOC from the 3rd respondent.
2. It is the case of the petitioner that her cattle shed is located in the above mentioned property and she applied for electricity service connection for her cattle shed. The petitioner claiming herself as Akhtar of Miyasa Pallivasal, the owner of the property submitted the above mentioned application. She also produced the NOC issued by Miyasa Pallivasal management. The 2nd respondent, without considering the NOC produced by the petitioner by the concerned Pallivasal, rejected her application with 2/5
direction to get NOC from the 3rd respondent. Aggrieved by the same, the petitioner submitted a representation before the 1st respondent on 22.10.2024 seeking electricity service connection in respect of cattle shed situated in the above mentioned property.
3. The learned counsel for the petitioner submits that she had already produced NOC from the owner of the property namely Miyasa Pallivasal and therefore, rejection order passed by the 2nd respondent is not in accordance with law and therefore, the 1st respondent may be directed to consider her representation without insisting NOC from the 3rd respondent.
4. Mr.S.Madusudanan, learned Standing Counsel (TNEB), who takes notice for the respondents 1 and 2 submits that 1st respondent has received a letter from 3rd respondent on 26.08.2021 regarding encroachment in the above survey number. Therefore, the petitioner was directed to furnish NOC from the 3rd respondent.
5. In view of the said position, without going into the merits of the claim made by the petitioner, the 1st respondent is directed to consider the representation of the petitioner dated 22.10.2024 and pass final orders on its' own merits after affording reasonable opportunity to the petitioner and the 3rd 3/5
respondent within a period of twelve weeks from the date of receipt of copy of this order.
6. With the above directions, this writ petition stands disposed of. No costs.
19.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Limited Anna salai, Chennai-600 002.
2. The Designated Engineer AE/O&M Palayapettai Tirunelveli.
3. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No. Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
4/5
S.SOUNTHAR , J.
nr W.P No.33747 of 2024 19.11.2024 5/5