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Madras High CourtWP(MD)/18681/2015disposed of

A. Subramanian v. The Assistant Executive

2015-10-13Honourable Mr Justice R.Subbiah4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).Nos.18681 to 18686 of 2015 and M.P(MD)No.1 of 2015(In all W.Ps) A. SUBRAMANIAN ... PETITIONER in WP(MD) No.18681 of 2015 V.SANTHANASURIYA RAJ ... PETITIONER in WP(MD) No.18682 of 2015 S.CHOKKALINGAM ... PETITIONER in WP(MD) No.18683 of 2015 R. PETCHIAPPAN ... PETITIONER in WP(MD) No.18684 of 2015 S.VENKATRAJ ... PETITIONER in WP(MD) No.18685 of 2015 C.ESAKKIMUTHU ... PETITIONER in WP(MD) No.18686 of 2015 -VS1 THE ASSISTANT EXECUTIVE ENGINEER DISTRIBUTION / URBAN TANGEDCO SHANTHI NAGAR PALAYAMKOTTAI TIRUNELVELI 2 THE EXECUTIVE OFFICER ARULMIGU VENKATACHALAPATHI TEMPLE THIMMARAJAPURAM TIRUNELVELI DIST ... RESPONDENTs in all the WPs Prayer in WP(MD) No.18681 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give electricity supply to the petitioners house in 7/ 295, Seevalaperi Main road, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent. Prayer in WP(MD) No.18682 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give electricity supply to the petitioners house in 7/200, Pillaiyarkovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent. Prayer in WP(MD) No.18683 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give

electricity supply to the petitioners house in 6/44, Rajamannar Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent. Prayer in WP(MD) No.18684 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give electricity supply to the petitioners house in 7/ 15 A, Muppudathiamman Kovil street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.18685 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give electricity supply to the petitioners house in 7/200 A, Pillaiyarkovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent. Prayer in WP(MD) No.18686 of 2015:

To issue a Writ of Mandamus directing the 1st respondent to give electricity supply to the petitioners house in 6/64, Rajamannar Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent. For petitioner : Mr.S.Selvakumar For Respondents : Mr.G.Kasinathadurai in all WPs COMMON ORDER These Writ Petitions have been filed for issuance of a Writ of Mandamus, directing the first respondent to give electricity supply to the petitioners' houses in their respective Door Numbers, situated at Thimmarajapuram, Tirunelveli District, without insisting on "No Objection Certificate" to be obtained from the second respondent.

2.Mr.G.Kasinathadurai, learned counsel takes notice for the respondents.

3.By consent of both parties, these Writ Petitions are taken up for final disposal.

4. These Writ Petitions are relating to grant of electricity service connection to the petitioners' residential premises.

5. The Electricity Board is objecting for giving electricity service connection only on the ground that the petitioners have to get "No Objection Certificate", from the second respondent.

6. According to the petitioners, they are not parties to the civil suit filed by the second respondent in O.S.No.745 of 1965 on the file of the Additional District Munsif Court, Tirunelveli, and

therefore, there is no need for any No Objection Certificate. The learned counsel for the petitioners relied upon an unreported judgment of this Court in W.P(MD)Nos.17667 to 17671 of 2014, dated 03.11.2014, whereby this Court had passed an order directing the authorities to consider the petitioners' application, in the light of the judgment of the Division Bench of this Court and pass appropriate orders after giving notice to all the parties concerned. The learned counsel for the petitioners further submitted that the petitioners will give necessary documents pertaining to their property and establish their right and then seek for service connection.

7. The learned standing counsel appearing for the respondents contended that the first respondent will enquire into the matter in respect of the right of the petitioners after giving notice to the second respondent by following the earlier order of this Court.

8. Taking into account that the petitioners need electricity service connection for their residential houses, the authorities shall consider the same in accordance with law, as per the order passed by this Court in W.P(MD) Nos.17667 to 17671 of 2014, dated 03.11.2014, following the Division Bench Judgments of this Court. The petitioners shall approach the authority concerned with all relevant documents, viz., family card, nativity certificate and copy of the sale deed as proof of purchase etc., and on such receipt of the applications, the authority shall also issue notice to the second respondent and call for an enquiry and then pass appropriate orders as expeditiously as possible.

With the above directions, the Writ Petitions are disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar /TURE COPY/ Sub Assistant Registrar pm To 1.The Assistant Executive Engineer, Distribution/Urban, TANGEDCO, Shanthi Nagar, Palayamkottai, Tirunelveli.

2.The Executive Officer, Arulmigu Venkatachalapathi Temple, Thimmarajapuram, Tirunelveli District.

+1 cc to MR.S.SELVAKUMAR , ADVOCATE, SR NO: 60557 JAM /28.10.2015/SKS-RR /4P-4C W.P(MD).Nos.18681 to 18686 of 2015 13.10.2015