Madras High CourtWP(MD)/18118/2024allowed

Gnanam Jaculine v. The District Collector

2024-08-01Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.18118 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18118 of 2024 Gnanam Jaculine ... Petitioner Vs.

1. The District Collector, District Collector Office, Trichy, Trichy District.

2. The Assistant Engineer, Operation & Maintenance(South), Tamil Nadu Generation & Distribution Corporation, Mathur, Thiruverumbur Taluk, Trichy District.

3. The Tahsildar, Thiruverumbur Taluk, Trichy District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to give electricity service connection for the house of the petitioner situated in survey No.415 plot No.18 D No.3/272 of Gundoor Village, Thiruverumbur Taluk, Trichy District.

For Petitioner : Mr.A.Joseph Jerry For R-1 & R-3 : Mr.K.Balasubramani, Special Government Pleader.

For R-2 : Mr.S.Deenadhayalan 1/4

2 W.P.(MD)NO.18118 OF 2024 * * *

O R D E R

Heard both sides.

2. The petitioner seeks electricity service connection for the petition mentioned premises. Admittedly, it is on a poramboke land. It appears that this land has been classified as water body. The petitioner's counsel would state that the classification is erroneous.

3. I do not want to go into those aspects. Technically, the petitioner does not have the legal right as such to obtain electricity service connection. But then, one factor is in favour of the petitioner. It is not in dispute that the neighbours who are identically placed are having service connection. It would not be proper to deny such facility to the petitioner. After all, electricity is a fundamental amenity. I direct the second respondent to grant service connection to the petitioner subject to fulfilment of other usual formalities. NOC from the third respondent shall be waived. But this order will not come to the petitioner's rescue if any proceeding is taken to restore the water body. 2/4

3 W.P.(MD)NO.18118 OF 2024 4.With this clarification and caveat, this writ petition stands allowed. No costs.

01.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Skm Issue order copy on 16.10.2024 To:

1. The District Collector, District Collector Office, Trichy, Trichy District.

2. The Tahsildar, Thiruverumbur Taluk, Trichy District.

3/4

4 W.P.(MD)NO.18118 OF 2024 G.R.SWAMINATHAN,J.

SKM W.P.(MD)No.18118 of 2024 01.08..2024 4/4