Mayandi.S v. The Asst Engineer(Distribution)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Mayandi ... Petitioner Vs.

1.The Assistant Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO), Subramaniyapuram, Power House Road, Madurai - 625 001.

2.The Tahsildar, Madurai South Taluk, Madurai.

... Respondents (R-2 is impleaded vide Court Order dated 31.08.2023 in W.M.P.(MD).No.17706 of 2023 in W.P.(MD).No.5513 of 2021) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to provide the Electricity service connection to petitioner home bearing Door No.16/9, South Shanmugapuram by taking the Indemnity Bond as per the petitioner's representation dated 27.02.2021 within the time as fixed by this Court.

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For Petitioner : Mr.K.K.Samy For R-1 : Mr.S.Deenadhayalan, Standing Counsel.

For R-2 : Mr.A.K.Manikkam, Special Government Pleader.

ORDER

This Writ Petition is filed for Mandamus, directing the respondent to provide the electricity service connection to petitioner's house bearing Door No.16/9, South Shanmugapuram by taking into consideration the Indemnity Bond as per the petitioner's representation dated 27.02.2021.

2. The land in occupation originally was earmarked as Kanmai. Subsequently, the land was acquired and handed over to the Housing Board. The petitioner is residing in Door No.16/9, South Shanmugapuram situated at Settiyurani Karai near M.K.Puram. The Tahsildar, Madurai has submitted that the land in question was originally earmarked as Kanmai and subsequently the land is handed over to the Housing Board. However, the Housing Board is refusing to grant No Objection Certificate stating that they will issue No Objection only to the persons to whom the land has been allotted. In the present case, the petitioner was not allotted any land. Hence, the Housing 2/5

Board is also refusing to grant No Objection Certificate to the petitioner. The petitioner relied on the communication of the Housing Board, where it is stated that they will give No Objection only to the allottees, but they have not ascertained whether the land belongs to the Housing Board. Therefore, as on date it is nobody's land.

3. Therefore, the respondents are directed to take indemnity bond from the petitioner and effect the electricity connection. The petitioner along with the Indemnity Bond should also furnish an undertaking affidavit that in future if the original owner claims the land, the petitioner would vacate the place. After such receipt, the respondents are directed to effect the electricity connection within a period of four (4) weeks from the date of receipt of application along with indemnity bond and undertaking.

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.

19.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Assistant Engineer (Distribution), Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO), Subramaniyapuram, Power House Road, Madurai - 625 001.

2.The Tahsildar, Madurai South Taluk, Madurai.

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S.SRIMATHY, J.

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