Jayanthi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.26226 & 26228 of 2023 Jayanthi ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Thiruvarambur Taluk, 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 12.12.2023 rejecting the 1/4

petitioner's Application No. 200061651023693 for electricity service connection to the house in S.No.9/160 of Gundur Village, Thiruvarambur Taluk, Trichy District and quash the same as illegal and arbitrary and in consequences thereof direct the third respondent to give electricity service connection to the petitioners house at once. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.C.Satheesh Government Advocate for R.1 & R.2 Mr.S.Deenadhayalan Standing Counsel for R.3

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 2/4

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 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. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

20.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The Tahsildar, Thiruvarambur Taluk, 3.The Assistant Engineer (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, Sembattu, Airport Post, Tirchy District.

and W.M.P(MD)Nos.26226 & 26228 of 2023 20.12.2023 4/4