Madras High CourtWP(MD)/12489/2016disposed of

Radha v. The District Collector

2016-07-15Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.7.2016

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA WRIT PETITION (MD)Nos.12489 to 12494 of 2016 Radha .. Petitioner in WP(MD).12489/2016 K.Chinnaiya .. Petitioner in WP(MD).12490/2016 A.Arputharaj .. Petitioner in WP(MD).12491/2016 K.Iyyappan .. Petitioner in WP(MD).12492/2016 M.Veerapathiran .. Petitioner in WP(MD).12493/2016 S.Reetta Mary .. Petitioner in WP(MD).12494/2016 Vs.

1.The District Collector, Pudukottai District.

2.The Tashildar, Kulathur, Pudukottai District.

3.The Assistant Engineer,(Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) Mathur Post, Kulathur Taluk, Pudukkottai.

.. Respondents (in all WPs) Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to give electricity service connection to the petitioners' house comprised in S.F.No.206/2 of Mathur Village, Kulathur Taluk, Pudukottai District.

For Petitioners : Mr.P.Ganapathi Subramanian For 1&2 : Mr.M.Murugan Government Advocate For 3 : Mrs.Srimathy Standing Counsel for TANGEDCO COMMON ORDER These writ petitions have been filed for providing electricity connection to the petitioners herein.

2. Since the issue involved in all the Writ Petitions are one and the same, these matters are taken up together and disposed of, by this common order.

3. The petitioners are said to be in possession and enjoyment of the houses situated in S.F.No.206/2 of Mattur Village, Pudhukottai District. According to the petitioners, they have made individual representation on 27.03.2016 to the third respondent herein seeking electricity service connection. Since the same has not been considered, the petitioners are before this Court.

4. Learned counsel for the petitioners submitted that in similar circumstances, this Court has already considered the issue involved in these Writ Petitions in W.P.(MD).No.3769 of 2013 with certain conditions. The petitioners would be satisfied, if a similar direction is given to these petitioners also.

5. The relevant portion found in the said Writ Petition in W.P.(MD).No.3769 of 2013 dated 15.04.2013, is usefully extracted below:- "3. The learned Additional Government Pleader on instruction submitted that the Tahsildar is prepared to give 'no objection' certificate for the purpose of taking electricity connection to the residence of the petitioners, in case they submit individual affidavits, undertaking to vacate the property whenever notice is issued to that effect by the Government.

4. The learned Standing Counsel for the Tamil Nadu Generation and Distribution Corporation Limited submitted that they are prepared to provide electricity connection to the petitioners, in case 'no objection' certificate is obtained from the Tahsildar.

5. The learned counsel for the petitioners submitted that the petitioners are prepared to execute an affidavit before the Tahsildar concerned to the effect that they will vacate the property in the event the Government requires the lands.

6. The petitioners are directed to approach the Tahsildar, Kulathur to execute an undertaking affidavit to the effect that they will vacate the property in the event of Government requires the lands, for the purpose of obtaining 'no objection' certificates for electricity connection. In case the petitioners give any such undertaking to vacate the property, necessarily 'no objection' certificate should be given by the Tahsildar, Kulathur within two weeks from the date of receipt of such undertaking. Similarly, in the event of producing 'no objection' certificates by the petitioners before the second respondent, the application for electricity

connection should be considered and disposed of within a period of two weeks from the date of receipt of application."

6. Following the afore-said order, these Writ Petitions are disposed of with a direction to the petitioners to comply with the conditions imposed in W.P.(MD).No.3769 of 2013 15.04.2013, whereupon, the respondents are directed to provide electricity connection to the petitioners also.

7. The Writ Petition are disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai District. 2.The Tashildar, Kulathur, Pudukottai District. 3.The Assistant Engineer,(Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) Mathur Post, Kulathur Taluk, Pudukkottai.

+1cc to the Special Government Pleader, Sr.No.37258 +6cc to Mr.P.Ganapathi Subramanian, Advocate, Sr.Nos.37102, 37103, 37104, 37105, 37106, 37107 ssm JM/AAL-MPA/SAR(CO)/03.08.2016/3P-11C WRIT PETITION (MD)Nos.

12489 to 12494 of 2016 15.07.2016