Madras High CourtWP(MD)/21028/2022allowed

Rashitha Begum v. The District Collector

2023-10-20Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.21028 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21028 of 2022 Rashitha Begum ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Tahsildar, East Taluk, Trichy District.

3. The Assistant Engineer, TANGEDCO, Thenral Nagar, Sathanur Post, Trichy District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to provide electricity service connection to the petitioner's house comprised in S.No.31 of Kottapattu Village, Trichy East Taluk, Trichy District by considering the petitioner's representation dated 18.08.2022. For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.M.Sidharthan, Additional Government Pleader.

For R-3 : Mr.S.Deenadhayalan * * * 1/4

2 W.P.(MD)NO.21028 OF 2022

O R D E R

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 the water body.

3. I can very well understand the hesitation on the part of the revenue authorities. But then, 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 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 2/4

3 W.P.(MD)NO.21028 OF 2022 electricity service connection and if the authorities take action for acquiring the water-body, this order will not come to the rescue of the petitioner. With this caveat, this writ petition stands allowed. No costs.

20.10.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Trichy District.

2. The Tahsildar, East Taluk, Trichy District.

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4 W.P.(MD)NO.21028 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.21028 of 2022 20.10.2023 4/4