Arunadevi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.12782 of 2025
1. Arunadevi,
2. Parakkathunish Banu,
3. Chitra,
4. Palani,
5. Josephraj,
6. Kareema Beevi,
7. Malarkodi,
8. Thulasi,
9. Lillygrecy,
10. Arulkothi,
11. Shanmugavadivu, 1/8
12. Sathick Batsa,
13. Bathurnisha,
14. Florensa,
15. Chitra,
16. Bharath,
17. Thenmozhi,
18. Neeladevi,
19. Deepa.
... Petitioners Vs
1. The District Collector,
2. The Superintendenting Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Pudukkottai.
3. The Tahsildar, Kulathur,
4. The Assistant Executive Engineer (Operation and Maintenance), Keeranur Post, Pudukkottai.
2/8
5. The Assistant Engineer (Operation and Maintenance), Mathur Post, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the fifth respondent to give electricity service connection to the petitioner's house comprised in S.F.No.206/2 of Mathur Village, Kulathur Taluk, Pudukkottai District at once. For petitioners : Mr. P.Ganapathi Subramanian For respondents :Mr.C.Satheesh Government Advocate for R1 & R3 Mr.S.Deenadhayalan Standing Counsel for R2, R4 & R5 *****
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, learned Government Advocate for the respondents 1 and 3, learned Standing Counsel for the respondents 2, 4 and 5.
2. The petitioners have approached this Court for similar relief in W.P.(MD) No.3769 of 2013, W.P.(MD)No.10167 of 2021 and W.P.(MD) No.18877 of 2021. 3/8
The first Writ Petition was disposed of by this Court on 15.04.2013, which has been followed by the second Writ Petition vide order dated 07.07.2021 and in the third Writ Petition dated 11.11.2021.
3. Relevant portion of the order, dated 15.04.2013 in W.P.(MD) No.3769 of 2013 reads as under:
"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 the 2nd respondent is 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 to the effect that they will vacate the property in the event 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 4/8
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."
4. It is noticed that the land in question is abutting water body in Survey No.206/2, which is classified as 'Arasu Poramboke' and ear marked as 'Vari'/water body. Therefore, it is for the Tahsildar, namely, third respondent to examine whether "no objections" can be given to the petitioner, after considering whether the land in question is meant to prevent to flooding during monsoon.
5. The Hon'ble Division Bench of this Court, by its order, dated 03.06.2025 in W.P.(MD) No.13084 of 2025 has directed to Tahsildar to take appropriate survey and to remove encroachments. It is in respect of very same land in Survey No.206/2 in Mathur Village. Hence, pending removal of the encroachments, the Tahsildar may give provisional no objection for the petitioner to obtain electricity connection.
6. It is made clear that even such "no objection" is to be granted on provisional basis. However, if the proceedings are initiated for removal of 5/8
encroachments, the petitioner shall vacate the same and the Electricity Board is free to disconnect the electricity connection that may be granted to the petitioner. The entire exercise is directed to be completed within a period of three (3) months from the date of receipt of a copy of this order.
7. This Writ Petition is disposed of, with the above observations. No costs. W.M.P.(MD) No.12782 of 2025 is allowed.
Index : Yes / No 23.06.2025 Internet : Yes / No apd To
1. The District Collector,
2. The Superintendenting Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Pudukkottai.
3. The Tahsildar, Kulathur,
4. The Assistant Executive Engineer (Operation and Maintenance), Keeranur Post, Pudukkottai.
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5. The Assistant Engineer (Operation and Maintenance), Mathur Post, 7/8
C.SARAVANAN, J.
apd 23.06.2025 8/8