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Madras High CourtWP(MD)/19522/2016disposed of

A.Shanthi, v. The Special Tahsildar,

2016-10-06Honourable Dr. Justice S. Vimala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.19522 to 19526 of 2016 A.Shanthi .. Petitioner in WP(MD)No.19522/2016 S.Seeniammal .. Petitioner in WP(MD)No.19523/2016 R.Anjalai .. Petitioner in WP(MD)No.19524/2016 K.Dhanavalli .. Petitioner in WP(MD)No.19525/2016 A.Rajamani .. Petitioner in WP(MD)No.19526/2016 -vs1.The Special Tahsildar, Adhi Dravidar Welfare, Trichirapalli.

2.The Executive Engineer, Operation and Maintenance, East/Trichy, Tamil Nadu Generation and Distribution Corporation Ltd., Mannarpuram, Trichy - 20.

3.The Assistant Engineer, Operation and Maintenance, Thirupparaithurai, Tamil Nadu Generation and Distribution Corporation Ltd., Srirangam Taluk, Trichirapalli District.

... Respondents Writ Petition (MD)No.19522 of 2016 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to provide electricity supply connection to the petitioners house bearing plot No.22 J.J.Colony comprised in survey No.178/5A Part 6A 6B1 6C2 7A 7B and 179/2A1 2B1 2B2 and 4, Mutharasanallur (Murugapettai) Village, Srirangam Taluk, Trichirappalli District.

Writ Petition (MD)No.19523 of 2016 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to provide electricity supply connection to the petitioners house bearing Plot No.24, J.J.Colony comprised in Survey No.178/5A Part 6A 6B1 6C2 7A

7B and 179/2A1 2B1 2B2 and 4, Mutharasanallur (Murungapettai) Village, Srirangam Taluk, Trichirappalli District. Writ Petition (MD)No.19524 of 2016 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 3 to provide electricity supply connection to the petitioners house bearing Plot No.6, J.J.Colony comprised in Survey No.178/5A Part 6A 6B1 6C2 7A 7B and 179/2A1 2B1 2B2 and 4, Mutharasanallur (Murungapettai) Village, Srirangam Taluk, Trichirappalli District.

Writ Petition (MD)No.19525 of 2016 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 3 to provide electricity supply connection to the petitioners house bearing Plot No.14, J.J.Colony comprised in Survey No.178/5A Part 6A 6B1 6C2 7A 7B and 179/2A1 2B1 2B2 and 4, Mutharasanallur (Murungapettai) Village, Srirangam Taluk, Trichirappalli District. Writ Petition (MD)No.19526 of 2016 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 3 to provide electricity supply connection to the petitioners house bearing Plot No.47, J.J.Colony comprised in Survey No.178/5A Part 6A 6B1 6C2 7A 7B and 179/2A1 2B1 2B2 and 4 Mutharasanallur (Murungapettai) Village Srirangam Taluk Trichirappalli District. For Petitioners : Mr.A.Rahul (all W.Ps.) For R - 1 : Mr.V.Pandi Government Advocate For RR - 2 & 3 : Mrs.Srimathi (all W.Ps.)

O R D E R

These writ petitions have been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to provide electricity supply connection to the petitioners' house bearing Plot Nos.22, 24, 6, 14 & 47 respectively, situated in J.J.Colony comprised in Survey No.178/5A Part 6A, 6B1, 6C2, 7A, 7B and 179/2A1, 2B1, 2B2 and 4, Mutharasanallur (Murungapettai) Village, Srirangam Taluk, Trichirappalli District.

2.Heard the learned counsel appearing for the petitioners, the learned Government Advocate for the first respondent and the learned Standing counsel for the respondents 2 and 3. By consent, the writ petition itself is taken up for final disposal at the admission stage.

3.The petitioners, who belong to scheduled caste community,

were assigned with the house plots bearing plot Nos.22, 24, 6, 14 & 47 respectively in the said Survey Numbers. The assignment orders were passed by the first respondent as early as on 30.11.2004. The petitioners constructed houses in their respective plots and the same were assessed to tax. They have applied for grant of electricity connection to the respondents. But it was not received by the respondents 2 and 3.

4.The learned counsel appearing for the petitioners submitted that the issue involved in these writ petitions is squarely covered by the orders of this Court in W.P(MD)Nos.9055 to 9059 of 2013, dated 21.04.2014, wherein this Court has issued the following direction:

"The petitioners are directed to execute an affidavit before the Special Tahsildar, Adhi Dravidar Welfare, Tiruchirapalli, the first respondent herein, to the effect that they will vacate the property if the assignment order is cancelled, within a period of one week from the date of receipt of a copy of this order. On filing such affidavit, the first respondent is directed to issue No Objection Certificate in favour of the petitioners within a period of one week thereafter. On such issuance of No Objection Certificate to the petitioners, electricity connection shall be restored within a period of two weeks thereafter."

4.A. It is not in dispute that the fact situation is similar in this case.

5.Therefore, in the light of the orders passed in W.P(MD) Nos.9055 to 9059 of 2013, dated 21.04.2014, these writ petitions are disposed of with a direction to the petitioners to execute an affidavit before the Special Tahsildar, Adhi Dravidar Welfare, Tiruchirapalli, the first respondent herein, to the effect that they will vacate the property if the assignment order is cancelled, within a period of one week from the date of receipt of a copy of this order. On filing such affidavit, the first respondent is directed to issue No Objection Certificate in favour of the petitioners within a period of one week thereafter. On such issuance of No Objection Certificate to the petitioners, electricity connection shall be given within a period of two weeks thereafter. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To The Special Tahsildar, Adhi Dravidar Welfare, Trichirapalli.

+5 cc to MR.A.RAHUL, Advocate SR.No.59790 to 59794 W.P(MD) Nos.19522 to 19526 of 2016 06.10.2016 SMA/GSV-PM/18.11.2016:4P/7C