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Madras High CourtWP(MD)/30536/2025disposed of

Salma v. The District Collector

2025-10-30Honourable Ms. Justice P.T. Asha8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.30536 of 2025 and W.M.P(MD)No.23720 of 2025 Salma ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Tahsildar, Palayamkottai Taluk Office, Tirunelveli District.

3. The Assistant Engineer, Distribution / Urban, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Melapalayam-1, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified to call for the impugned order issued by the 3rd respondent proceedings in K.No.Vo.Mi.Poo/V/Na.Pu/Me.Pa1/Koo/A.No.097/25 dated 02.06.2025 1/8

and quash the same as illegal and unconstitutional and consequently directing the 3rd respondent to forthwith give Electricity service connection to the petitioners house bearing in Door No.14/36D, Kattu Chekkadi 2nd street Melapalayam, Tirunelveli and pass such other or further orders.

For Petitioner : Mr.S.Sathyachidambaram For R1 and R2 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.S.Deenadhayalan Standing Counsel

ORDER

The above writ petition has been filed to call for the impugned order issued by the 3rd respondent proceedings in K.No.Vo.Mi.Poo/V/Na.Pu/Me.Pa1/Koo/A.No.097/25 dated 02.06.2025 and quash the same as illegal and unconstitutional and consequently directing the 3rd respondent to forthwith give Electricity service connection to the petitioners house bearing in Door No.14/36D, Kattu Chekkadi 2nd street Melapalayam, Tirunelveli and pass such other or further orders.

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2. Mr.A.Kannan, learned Additional Government Pleader takes notice on behalf of the respondents 1 and 2. Mr.S.Deenadhayalan, learned Standing Counsel takes notice on behalf of the 3rd respondent.

3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner would submit that she is a permanent resident of Keera Veeraragavapuram Village, Palayamkottai Taluk, Tirunvelveli District and residing in House No.14/36D. Her house is constructed at S.No.58(Old Town S.No.3056) Ward AV, Block - 31. This kind of land was originally classified as 'poramboke land' and was allotted and reserved for conducting the "Muhamathiyar Festival" by the then District Collector as early as on 16.12.1941.

5. The petitioner would submit that she had constructed the house as early as in the year 1992 and she has been continuously residing there. She has also been issued with a residence certificate, ration card, smart card etc. she would submit that she had made an application to the 3rd 3/8

respondent for an electricity service connection on 15.05.2025. However, her application was returned with a direction that the petitioner had not obtained a No Objection Certificate from the revenue authorities considering the fact that the land is a "poramboke land".

6. The petitioner would further submit that one Mr.Noor Mohamed, who is also in a similar place has been given the electricity service connection. The petitioner there upon submitted her application to the 1st respondent on 02.06.2025, requesting to issue No Objection Certificate. The 1st respondent has forwarded the said application to the revenue authorities for a spot inspection, which inspection has also been conducted and a report to this effect has been submitted. However, no final action has been taken on the representation. Aggrieved by the same, the petitioner is before this Court.

7. Mr.S.Deenadhayalan, learned Standing counsel appearing for the 3rd respondent would submit that the request has not been rejected and the 3rd respondent has only requested the petitioner to obtain No Objection Certificate from the revenue authorities as and when the same is produced, immediately the electricity service connection would be granted. 4/8

8. The learned counsel for the petitioner on the other hand would submit that despite the best efforts of the petitioner, the revenue authorities are not taking any steps what so ever to issue a No Objection Certificate or reject the request though they have inspected the property and submitted a report.

9. Considering the fact that the respondents are not proceeding to issue a No Objection Certificate in the month of May 2005, it is clear that the petitioner is put to hardship. The revenue authorities are apparently taking different stands having given a No Objection Certificate to one Mr.Noor Mohamed and they are not showing the same concession to the petitioner herein.

10. This Court in a similar case in W.P.No.10501 of 2020 dated 25.08.2020 has passed the following order :- "The petitioner is directed to give a fresh application to the respondent and the respondent shall consider the same in line with the findings given in the present Writ Petition and get the necessary indemnity bond and undertaking from the petitioner and provide for temporary electricity connection. This process shall be done within a period of four weeks from the date of receipt of the application from the petitioner." 5/8

11. Therefore, the above writ petition is disposed of on the very same lines by directing the petitioner to give a fresh application to the 3rd respondent along with indemnity bond within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of such application, the 3rd respondent is directed to grant the electricity service connection to the petitioner within a period of two (2) weeks therefrom.

12. The writ petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 6/8

To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Tahsildar, Palayamkottai Taluk Office, Tirunelveli District.

3. The Assistant Engineer, Distribution / Urban, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Melapalayam-1, Tirunelveli District.

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P.T.ASHA, J.

rgm W.P.(MD).No.30536 of 2025 and W.M.P(MD)No.23720 of 2025 30.10.2025 8/8