Madras High Court
P.John Kennedy vs The Assistant Executive Engineer on 7 April, 2021
W.A.(MD)No.458 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2021
CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD) No.458 of 2018
P.John Kennedy
... Appellant/Petitioner
Vs
1. The Assistant Executive Engineer,
Distribution,
Tamil Nadu Generation and Distribution Corporation,
Formerly known as TNEB,
Kulasekaran, Kanyakumari District.
2. The Junior Engineer,
Distribution,
Tamil Nadu Generation and Distribution Corporation,
Formerly known as TNEB,
Kulasekaran, Kanyakumari District.
3. The District Forest Officer,
Forest Department,
Nagercoil, Kanyakumari District.
... Respondents/Respondents
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W.A.(MD)No.458 of 2018
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 20.06.2014, passed in W.P.(MD) No.5832 of 2013.
For Appellant : Mr.T.Lajapati Roy
For Respondents : Mr.K.P.Krishnadoss,
Special Government Pleader,
for R1
Mr.S.M.S.Johnny Basha,
for R2
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This appeal filed by the writ petitioner is directed against the order
dated 20.06.2014 in W.P(MD).No.5832 of 2013. The said writ petition was
filed praying for a direction upon the respondents to provide electricity to
the house of the appellant without insisting no objection from the Town
Panchayat or from the District Forest Officer.
2. The learned Single Judge by the impugned order dismissed the writ
petition. Operative portion of the order reads as follows:
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W.A.(MD)No.458 of 2018
“In view of the reply given by the learned Additional Government
Pleader appearing for the third respondent, the submission made by the
learned counsel appearing for the petitioners that since electricity
connection was given to few houses in Valia Ela, the petitioners are also
entitled to electricity connection cannot be sustained. From the perusal
of the records, I find that the petitioners are residing within the Forest
area. Therefore, this Court cannot given direction to the respondents to
provide electricity connection to the petitioners houses without insisting
fro No Objection Certificates from the Forest Department. The
judgments relied on by the learned counsel appearing for the petitioners
are dealing with the encroachments of the poramboke lands. Therefore,
the said judgments are not applicable to the present case. Therefore,
these Writ Petitions are liable to be dismissed."
3. Before us, Mr.T.Lajapathi Roy, learned Counsel appearing for the
appellant would submit that the appellant would fall within the definition of
'Other Traditional Forest Dweller' as defined under Section 2(o) of the
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (Central Act 2 of 2007) and seeks liberty to
withdraw the writ petition and apply for recognizing them as 'Other
Traditional Forest Dweller', for which a procedure is provided for under the
above said legislation.
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W.A.(MD)No.458 of 2018
4. Mr.K.P.Krishnadoss, learned Special Government Pleader
appearing for the respondents would submit that the appellant is an
encroacher. If that is so, it is not clear as to what action has been taken
against them by the respondents.
5. Be that as it may, in the light of the prayer sought for by the
learned Counsel for the appellant, we permit the appellant to withdraw this
appeal with liberty to approach the concerned authority as submitted by the
learned Counsel for the appellant. Accordingly, this writ appeal is dismissed
as withdrawn. We make it clear that we have not made any observations on
the merits of the matter or with regard to the appellant's entitlement under
the above said enactment and leave it open to the appellant to take
appropriate action in accordance with law. No costs.
(T.S.S.,J.) (S.A.I.,J.)
07.04.2021
Index : Yes/No
Internet : Yes/No
pkn
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W.A.(MD)No.458 of 2018
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To
1. The Assistant Executive Engineer,
Distribution,
Tamil Nadu Generation and Distribution Corporation,
Formerly known as TNEB,
Kulasekaran, Kanyakumari District.
2. The Junior Engineer,
Distribution,
Tamil Nadu Generation and Distribution Corporation,
Formerly known as TNEB,
Kulasekaran, Kanyakumari District.
3. The District Forest Officer,
Forest Department,
Nagercoil, Kanyakumari District.
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http://www.judis.nic.in
W.A.(MD)No.458 of 2018
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.458 of 2018
07.04.2021
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