G.Venkatesan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.36523, 26526, 36528 & 36530 of 2023 G.Venkatesan ... Petitioner Vs.
1.The Chairman, Consumer Grievance Redressal Forum, Chengalpattu Electricity Distribution Circle, No.130, G.S.T. Road, Chengalpattu.
2.The Executive Engineer, O & M Chengalpattu, No.1C, A & B, R.V.Street, GST Road, Chengalpattu - 603 001.
3.The Assistant Engineer, Chengalpattu - South, Chengalpattu Electricity, Distribution Circle, Chengalpattu.
4.The Adjudicator, Tamil Nadu Electricity Ombudsman, 4th Floor, SIDCO Corporate Office Building, Thiru-vi-Ka Industrial Estate, Guindy, Chennai 600 032.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Chairman, Consumer Grievance Redressal Forum, Chengalpattu Electricity Distribution Circle, Chengalpttu / 1st respondent herein, in CGRF/CGL/No.119/22 dated 12.12.2022 and the order of the Tamil Nadu Electricity Ombudsman, Guindy, Chennai / 4th respondent herein, in Review Application in Letter No.T.N.Mi.Ku.N.No.402/ A.No.1065/2023 dated 08.08.2023 confirming its own order in Appeal No.19/2023 dated 16.05.2023, to quash the same and consequently to direct the respondents 1 to 3, to give electricity connection to the petitioner, without insisting upon No Objection Certificate from the Tamilnadu Housing Board. For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.Enock Anand For Mr.L.Jai Venkatesh Standing Counsel
O R D E R
The writ has been instituted to call for the records pertaining to the order passed by the Chairman, Consumer Grievance Redressal Forum, Chengalpattu Electricity Distribution Circle, Chengalpttu / 1st respondent herein, in CGRF/CGL/No.119/22 dated 12.12.2022 and the order of the
Tamil Nadu Electricity Ombudsman, Guindy, Chennai / 4th respondent herein, in Review Application in Letter No.T.N.Mi.Ku.N.No.402/ A.No.1065/2023 dated 08.08.2023 confirming its own order in Appeal No.19/2023 dated 16.05.2023, to quash the same and consequently to direct the respondents 1 to 3, to give electricity connection to the petitioner, without insisting upon No Objection Certificate from the Tamil Nadu Housing Board.
2. The petitioner states that he is residing in plot S.No.87/2A of Alapakkam Village, Chengalpattu Taluk and admittedly, the subject land has been classified as "Government Poramboke land" in revenue records. The petitioner applied for electricity connection to the residence on 15.04.2022 to the 3rd respondent through online. Thereafter, the application submitted by the petitioner was not considered. Therefore, the preferred a petition before the Chairman, Consumer Grievance Redressal Forum, Chengalpattu and the following order has been issued:
"As per the para in findings, the petitioner should submit the No Objection Certificate obtained from the concerned officer of the Government of Tamil Nadu, "as per the TERC
District Code 27 (12) for getting new service connection in poromboke land, and hece the petition is closed.
If the petitioner is not satisfied with this order, he has the right to file an appeal before the OMBUDSMAN, 4th Floor, SIDCO Corporate Office Building, Thiru-vi-Ka Industrial Estate, Guindy, Chennai 600 032 within 30 days from receipt of this order..."
3. As far as the encroachers are concerned for securing electricity service connection, they have to get no objection certificate from the Tahsildar as per Regulation 27 Clause 12 of Electricity Distribution Code. The Electricity Board is empowered to provide electricity service connection if the above regulation has been complied with by the applicant.
4. In respect of the encroachment of the Government lands, water bodies etc. are concerned, there must be coordination between various Departments of the Government so that the encroachments in water bodies are not allowed. Encroachment in government lands are liable to be removed if the lands are required for public purposes. In such circumstances, the
encroachers, if eligible and homeless poor persons, they have to submit an application seeking assignment of house site or tenement, as the case may be. Contrarily persons cannot encroach upon the government land at their choice and claim right over such property.
5. Encroachment of Government land are infringing the public right. When the Government lands belong to the people of our great nation and the Government is duty bound to protect the public land and utilise the same to subserve the public good. Therefore, the Government, at all circumstances, is bound to protect the public lands in the interest of public.
6. If the petitioner is a homeless poor person, he is at liberty to submit an application to the competent authority for assignment of free house site under the Government welfare scheme or a tenement through Tamil Nadu Urban Habitat Development Board. Contrarily he cannot encroach upon a Government land and claim electricity service connection as a matter of right. Even in respect of government Poramboke land, service connection can be provided only in compliance with the Regulation No.27 clause 12 of distribution code. Therefore, the claim of the petitioner cannot be considered.
7. Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 04.04.2024 Jeni Index : Yes Speaking order To 1.The Chairman, Consumer Grievance Redressal Forum, Chengalpattu Electricity Distribution Circle, No.130, G.S.T. Road, Chengalpattu.
2.The Executive Engineer, O & M Chengalpattu, No.1C, A & B, R.V.Street, GST Road, Chengalpattu - 603 001.
3.The Assistant Engineer, Chengalpattu - South, Chengalpattu Electricity, Distribution Circle, Chengalpattu.
4.The Adjudicator, Tamil Nadu Electricity Ombudsman, 4th Floor, SIDCO Corporate Office Building, Thiru-vi-Ka Industrial Estate, Guindy, Chennai 600 032.
S.M.SUBRAMANIAM, J.
Jeni 04.04.2024