Madras High CourtWP(MD)/13698/2021disposed of

Rajathi.S v. The Superintending Engineer

2021-08-23Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY S.Rajathi ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Dindigul Division, Dindigul District.

2.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Dindigul District.

3.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Pandiyan Nagar, Chettinaickanpatti, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to restore the Electricity Service Connection of the petitioner house property in No. 201-002-1121 situated in T.S.No.341 at Old Ward No.2, New Ward No.4, Chettinaickanpatti Village, Dindigul West Taluk, Dindigul District, without insisting the Patta on the basis of her representation dated 08.07.2021, within a stipulated period as fixed by this Hon'ble Court. For Petitioner : Mr.J.Lawrance For Respondents : Ms.M.Rajeswari for Mr.S.M.S.Johnny Basha Standing Counsel

ORDER

The petitioner seeks the restoration of electricity service connection No.201-002-1121 to his house situated in T.S.No.341 at Old Ward No.2, New Ward No.4, Chettinaickanpatti Village, Dindigul West Taluk, Dindigul District. The petitioner states that he resides in the aforesaid property, which is classified as Natham poramboke. The petitioner also states that her husband had obtained electricity service connection bearing No. 201-002-1121 and that the Family Card, Aadhar Card and Voter Identity Cards had been issued, wherein the aforesaid address was specified.

1/3

2.After the death of the petitioner's husband in 2017, it is stated that the house was renovated. Consequently, at that juncture, the electricity connection was disconnected. Upon the completion of renovation, the petitioner submitted an application for restoration of the electricity service connection, but the third respondent refused to provide such connection. The present writ petition is filed in the said facts and circumstances. 3.Mrs.Rajeswari, learned counsel appearing for Mr.S.M.S.Johnny Basha, learned Standing Counsel for TANGEDCO, submitted that the petitioner is required to submit a No Objection Certificate from the Tahsildar concerned, in view of the fact that the land in question is classified as poramboke. In addition, the petitioner is required to submit an indemnity bond.

Her last submission is that the earlier service connection was disconnected in 2017 and the relevant account was closed. Consequently, the petitioner should make a fresh application for an electricity service connection, after complying with the requirements mentioned above. 4.Regulation 27(12) of the Tamilnadu Electricity Distribution Code, mandates that a No Objection Certificate is necessary if the property in question is classified in the relevant revenue records as poramboke. In addition, the applicant is required to provide an indemnity bond.

5.Learned counsel for TANGEDCO has also pointed out as to why the old connection cannot be restored and has stated that if the petitioner applies for a new connection, the same would be considered provided the aforesaid documents are produced. 6.Accordingly, W.P.(MD).No.13698 of 2021 is disposed of by permitting the petitioner to submit a fresh application for an electricity service connection in respect of the property situated in T.S.No.341 at Old Ward No.2, New Ward No.4, Chettinaickanpatti Village, Dindigul West Taluk, Dindigul District. Such application shall be submitted along with the requisite No Objection Certificate and indemnity bond in terms of the relevant provisions of the Tamilnadu Electricity Distribution Code. Upon receipt thereof, the third respondent is directed to consider such application and, if such application is found to be in order, provide the electricity service connection within a period of 30 days from the date of receipt of such application along with the necessary documents. There is no order as to costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO:

1.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Dindigul Division, Dindigul District.

2.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Dindigul District.

3.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Pandiyan Nagar, Chettinaickanpatti, Dindigul District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-27119[F] dated 24/08/2021 ) 23.08.2021 RS (02.09.2021) 3P 5C 3/3