Indhira v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.8889 & 8891 of 2025 Indhira : Petitioner Vs.

1. The District Collector, Trichy District.

2. The Tahsildar, Thiruvarambur Taluk, Trichy District.

3. The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Sembattu, Airport Post, Trichy District.

: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus thereby call for the records of the third respondent dated 03.03.2025 cancelling the 1/6

petitioners application No.200062250225270 for electricity service connection to the house in S.No.186 of Gundur Village, Thiruvarambur taluk, Trichy District and quash the same as illegal and arbitrary and in consequences thereof direct the 3rd respondent to give electricity service connection to the petitioners house at once.

For Petitioner : Mr. P.Ganapathi Subramanian For Respondents : Mr.K.S.Selva Ganesan Addl. Government Pleader for R1 & R2 Mr.S.Deenadhayalan Standing Counsel for R3

O R D E R

Challenging the cancellation order dated 03.03.2025 refusing to grant electricity service connection and to direct the third respondent to provide electricity service connection to the petitioner's house, the present writ petition has been filed.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3. The petitioner seeks grant of electricity service connection. The petitioner's premises have been put up on a poramboke land. The TANGEDCO officials insisted on production of NOC from the revenue authority. The revenue authority is unable to furnish NOC because the site is located in a waterbody.

4. This Court can very well understand the hesitation on the part of the revenue authorities. But when, the adjacent houses of the petitioner have already been granted electricity service connection, the petitioner cannot be deprived. Electricity is a fundamental amenity. Therefore, the third respondent is directed to provide electricity service connection to the petitioner subject to fulfilment of the other usual formalities. NOC from the Tahsildar will not be insisted upon. This shall be done as expeditiously as possible. It is also made clear that the petitioner cannot take advantage of the fact that this Court has directed for grant of electricity service connection and if the authorities take action for restoring the water-body, this order will not come to the rescue of the petitioner.

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5. With this caveat, this writ petition stands allowed. Consequently, connected miscellaneous petitions are closed. 28.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The District Collector, Trichy District.

2. The Tahsildar, Thiruvarambur Taluk, Trichy District.

3. The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Sembattu, Airport Post, Trichy District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.12067 of 2025 28.04.2025 6/6