Vanitha.M v. The Chairman

1 W.P.(MD)NO.21087 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21087 of 2022 AND W.M.P.(MD)No.20783 of 2023 M.Vanitha ... Petitioner Vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., No.825, Joint Road, Anna Salai, Thiruvallikenni, Chennai.

2. The Executive Engineer(Distribution), O/o.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., K.Puthur, Madurai District.

(R-2 is amended vide order dated 06.10.2023 in W.M.P.(MD)No.17468 of 2022)

3. The Assistant Engineer, O/o.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Pasumalai, Office at Thirunagar, Madurai District.

4. The Tahsildar, Madurai District.

(R-4 is suo motu impleaded vide order dated 11.10.2023) ... Respondents 1/4

2 W.P.(MD)NO.21087 OF 2022 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned communication passed by the third respondent in Ka.No.U.Mi.Po/Pa/Pasu/Va.Aa/Ko.Thani/Aa.No.148/2022 dated 24.08.2022 and quash the same as illegal and consequently directing the respondents to provide the electricity connection to the petitioner's house situated at Old Vilacherry Road, Near Karumariammankovil, Pasumalai, Madurai within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents: Mr.S.Deenadhayalan, Standing Counsel.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for the respondents.

2. The petitioner is in occupation of the poramboke land. The petitioner applied for issuance of electricity service service connection. She was informed that she must obtain NOC from the jurisdictional Deputy Tahsildar. Challenging the said stand, the present writ petition came to be filed. 2/4

3 W.P.(MD)NO.21087 OF 2022

3. As rightly pointed out by the learned Standing counsel, the impugned order is in consonance with the provisions of the Tamil Nadu Electricity Distribution Code. It is therefore sustained.

4. However, the petitioner is at liberty to approach the jurisdictional revenue authority. The case of the petitioner is that the identically placed persons have obtained NOC and based on the same, TANGEDCO gave electricity service connection. The petitioner shall be treated likewise. In other words, the revenue authority will see, if the similarly placed individuals were given NOC for getting electricity service connection. If others have been accorded, the petitioner cannot be denied. Granting such liberty to the petitioner, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

11.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.21087 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

The Tahsildar, Madurai District.

W.P.(MD)No.21087 of 2022 11.10.2023 4/4