Thoothuvari Ammal, v. The Assistant Executive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).Nos.6748 to 6763 of 2015 and M.P.(MD).Nos.1 of 2015 ( in all Wps) and W.P.(MD).Nos.6838 to 6840 of 2015 THOOTHUVARI AMMAL ... PETITIONER in WP(MD) No.6748 of 2015 SUBBAMMAL ... PETITIONER in WP(MD) No.6749 of 2015 M. THANGA MUTHU ... PETITIONER in WP(MD) No.6750 of 2015 PARAVATHI KRISHNAN ... PETITIONER in WP(MD) No.6751 of 2015 R.MURUGAN ... PETITIONER in WP(MD) No.6752 of 2015 M. JESURAJ ... PETITIONER in WP(MD) No.6753 of 2015 MUTHUPANDI ... PETITIONER in WP(MD) No.6754 of 2015 ESAKKI ... PETITIONER in WP(MD) No.6755 of 2015 SANKAR ... PETITIONER in WP(MD) No.6756 of 2015 M.SUBBAIAH RAJA ... PETITIONER in WP(MD) No.6757 of 2015 S.MURUGAN ... PETITIONER in WP(MD) No.6758 of 2015 MUTHU ... PETITIONER in WP(MD) No.6759 of 2015 MARIMUTHU ... PETITIONER in WP(MD) No.

6760 of 2015 ESAKKI MUTHU ... PETITIONER in WP(MD) No.6761 of 2015 PAULDURAI ... PETITIONER in WP(MD) No.6762 of 2015 POOLPANDI ... PETITIONER in WP(MD) No.6763 of 2015 ARUMUGAM ... PETITIONER in WP(MD) No.6838 of 2015 THANGAPANDI ... PETITIONER in WP(MD) No.6839 of 2015 THILLAI CHIDAMBARAM ... PETITIONER in WP(MD) No.6840 of 2015 -VSTHE ASSISTANT EXECUTIVE, ENGINEER DISTRIBUTION /URBAN, TANGEDCO SHANTHI NAGAR, PALAYAMKOTTAI, TIRUNELVELI.

...1ST RESPONDENT IN WP(MD)NOS.6748 TO 6763/15 THE JUNIOR ENGINEER, DISTRIBUTION/URBAN, TANGEDCO, SHANTHI NAGAR, TIRUNELVELI.

...1ST RESPONDENT IN WP(MD)NOS.6838 TO 6840/15 THE EXECUTIVE OFFICER, ARULMIGHU VENKATACHALAPATHI TEMPLE, THIMMARAJAPURAM, TIRUNELVELI DISTRICT. ... 2ND RESPONDENT IN ALL THE PETITIONS

Prayer in WP(MD) No.6748 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 7/30B, Old post Office Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent and pass such further or other orders.

Prayer in WP(MD) No.6749 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 6/50 Rajamannar Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent and pass such further or other orders. Prayer in WP(MD) No.6750 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the Petitioner s house in 7/38 Post Office South Street, Thimmarajapuram, Palayamkottai, Tirunelveli District insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6751 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 7/258A, Pillayar Kovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6752 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 7/322B Rajamannar Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6753 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the Petitioner s house in 7/284, Pillaiyar Kovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli District insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6754 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 7/9, main road, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6755 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house 6/99A1, Venkateshwara Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6756 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the Petitioner s house in 7/8A1 Main Road, Thimmarajapuram, Palayamkottai, Tirunelveli District, insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6757 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 6/75, venkadeshvara street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6758 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house 7/27B Post Office Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6759 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the Petitioner s house in 7/288, Pillaiyar Kovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli District insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6760 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 7/259, Pillayar Kovil street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6761 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house 6/96C Venkateshwara Street, Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD) No.6762 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the Petitioner s house in 11A, Muppidathi Amman Kovil Street, Thimmarajapuram, Palayamkottai, Tirunelveli District insisting NOC to be obtained from the 2nd respondent. Prayer in WP(MD) No.6763 of 2015:

To issue a Writ of Mandamus, directing the 1st respondent to give electricity supply to the petitioners house in 6/107, Andal Street (South) Thimmarajapuram, Palayamkottai, Tirunelveli without insisting NOC to be obtained from the 2nd respondent.

Prayer in WP(MD). 6838/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st Respondent to provide electricity connection to petitioner s house in Door NO. 6/73A, Airathamman Koil street, Thimmarajapuram , Tirunelveli without insisting "No Objection Certificate " from the 2nd Respondent within stipulated time as may be fixed by this Honourable Court. Prayer in WP(MD). 6839/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st Respondent to provide electricity connection to petitioner s house in

Door NO. 6/87A Venkateswara Street, Thimmarajapuram , Tirunelveli without insisting "No Objection Certificate " from the 2nd Respondent within stipulated time as may be fixed by this Honourable Court. Prayer in WP(MD). 6840/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st Respondent to provide electricity connection to petitioner s house in Door No. 7/245 A, Pillayarrkoil Street, Thimmarajapuram, Tirunelveli, without insisting No Objection Certificate, from the 2nd Respondent within stipulated time as may be fixed by this Honourable Court. For petitioners : Mr.S.Selvakumar in WP(MD)NOs.6748 to 6763/15 For 1st respondent : Mr.Kasinadhadurai in WP(MD)NOs.6748 to 6763/15 Tamil Nadu Electricity Board For petitioner : Mr.T.A.Ebenezer in WP(MD)Nos.6838 to 6840/15 For 1st respondent : Mr.Kasinadhadurai for in WP(MD)Nos.6838 to 6840/15 Tamil Nadu Electricity Board COMMON ORDER These Writ Petitions have been filed praying for Writs of Mandamus directing the first respondent to give electricity supply to the respective petitioners' house situated at Thimmarajapuram, Palayamkottai Taluk, Tirunelveli District, without insisting 'No Objection Certificate' to be obtained from the second respondent.

2.

When the matters are taken up for hearing, both the parties mutually consented upon to dispose of these Writ Petitions in similar to the order made in W.P.(MD).No.4944 of 2015 dated 15.04.2015.

3. Therefore, following the earlier order of this Court made in W.P.(MD).No.4944 of 2015 dated 15.04.2015, on the very same subject, these Writ Petitions are also disposed of, directing the petitioners to approach the first respondent with all the relevant documents, viz., family card, nativity certificate and copy of the sale deed as proof of purchase etc., and on receipt of such application, the authority shall also issue a notice to the second respondent and call for an enquiry and then pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. The second respondent is also at liberty to produce all the relevant documents to substantiate their claim.

With the above direction, these Writ Petitions stand disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Per Admn) /True copy/ Sub Assistant Registrar To 1.The Assistant Executive Engineer, Distribution/Urban, TANGEDGO, Shanthi Nagar, Palayamkottai, Tirunelveli District

2. The Junior Engineer, Distribution/Urban, TANGEDCO, Shanthi Nagar, Tirunelveli.

3.The Executive Officer, Arulmigu Venkatachalapathy Temple, Thimmarajapuram, Palayamkottai Taluk, Tirunelveli District.

+3ccs to MR.T.A.EBENEZER, ADVOCATE IN SR : 22419 TO 22421 +1cc to MR.S.SELVAKUMAR, ADVOCATE IN SR : 23594 Ssm SR : 11.05.2015 : 5p/8c W.P(MD).Nos.6748 to 6763 of 2015 and W.P.(MD).Nos.6838 to 6840 of 2015 27.04.2015