Malathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.14541 and 14542 of 2024 Malathi ... 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 Limited, Sembattu, Airport Post, Tirchy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent dated 25.06.2024 closing the petitioner's Application No.200062250624887 for electricity service connection to the house in S.No.9/13 of Gundur Village, Thiruvarambur Taluk, Trichy District 1/4

and quash the same as illegal and arbitrary and in consequences thereof direct the third respondent to give electricity service connection to the petitioner's house at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.P.Thambidurai, Government Advocate for R1 & R2.

Mr.S.Deenadhayalan, Standing Counsel for R3.

ORDER

Heard both sides.

2.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 water body.

3.I 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 2/4

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. The petitioner cannot take advantage of the fact that this Court directed 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. 4.With this caveat, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 25.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Trichy District.

2.The Tahsildar, Thiruvarambur Taluk, Trichy District.

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G.R.SWAMINATHAN, J.

ias 25.07.2024 (2/3) 4/4