Madras High Court
G.Thangam vs The Superintending Engineer on 21 December, 2021
W.P.No.32714 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.32714 of 2014
G.Thangam ... Petitioner
Vs.
1. The Superintending Engineer,
Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
Maraimalainagar,
Kancheepuram District- 603 209.
2. The Junior Electrical Engineer,
Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
Tiruporur,
Kancheepuram District,
Pincode-603 110.
3.The District Collector,
Chengalpattu District. ...Respondents
(R – 3 is suo motu impleaded vide Court order dated 21.12.2021)
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Page 1 of 15
W.P.No.32714 of 2014
Prayer : Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus Directing the Respondents
to give domestic electricity connection to the Petitioner's house at
S.No.287/2A M.G.R. Street, Nellikuppam Village.
For Petitioner : Mr.S.Sivakumar
For Respondents : Mr.L.Jai Venkatesh
1&2 for TANGEDCO
For Respondent 3 : Mr.M.Rajendiran
Additional Government Pleader
ORDER
The relief sought for in the present Writ Petition is to direct
the respondents to give domestic electricity service connection to the
Petitioner's house at S.No.287/2A, M.G.R. Street, Nellikuppam
Village.
2. The petitioner states that he is in possession and
enjoyment of the property at Kancheepuram District, Tiruporur
Taluk, No.100, Nellikuppam Village bearing S.No.287/2A to an
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W.P.No.32714 of 2014
extent of 8355 Sq.ft,.
3. The Petitioner states that his father, V.Govindasami was
in possession and enjoyment of a larger extent of land in the said
S.No.287/2A, which includes the subject property. The father of the
petitioner partitioned the property and the large extent of property
was divided between the legal heirs of the said Govindasami. The
petitioner states that he purchased the property from his brothers,
G.Suresh Babu and G.Prabhu and from then he was in possession of
the same.
4. The petitioner would further state that he had filed a
Civil Suit in O.S.No.555 of 2014 against one Balaraman, who is the
brother of the petitioner's father, who is also claiming right over the
said property. The petitioner states that he approached the 2nd
respondent for electricity service connection in his house and the
application was rejected. Thus, the petitioner is constrained to move
the present Writ Petition.
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W.P.No.32714 of 2014
5. The learned counsel for the petitioner made a submission
that even if any dispute exists between the parties, under Clause 27
(2) (4) and Clause 27 (2) (12) of the Tamil Nadu Electricity
Distribution Code, the board authorities have to provide service
connection. In such event the applicant shall execute an indemnity
bond and pay necessary charges. In this connection, the petitioner
relied on the Judgment of this Court reported in 2009 (4) CTC 606
– A.Muthusamy and others Vs. The Assistant Engineer, Tamil
Nadu Electricity Board. The said position is reiterated, wherein,
Clause 27 (2) (4) of the Tamil Nadu Electricity Distribution Code
has been referred and the electricity service connection is directed to
be provided on execution of indemnity bond.
6. The learned counsel appearing on behalf of the
respondent board objected the said contention by stating that the
land is Paromboke land comes under Chengalpattu EDC –
Maraimalai Nagar Division – Thiruporur Section. The petitioner has
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W.P.No.32714 of 2014
not produced any NOC from the Deputy Tahsildar and therefore, the
petitioner is not entitled for the electricity service connection.
7. It is reiterated that in the absence no objection from the
owners, the electricity service connection cannot be provided. In the
present case, it is the Government Poromboke land and therefore, the
petitioner has to produce No Objection Certificate. Thus, the
application submitted by the petitioner for providing electricity
service connection cannot be considered at all.
8. No doubt, in respect of any disputes between the parties
regarding the ownership or title, the electricity service connection
may be provided on execution of indemnity bond. However, those
disputes between the parties cannot be referred to in respect of
Poromboke land, wherein, the land belongs to the Government. The
Government has not assigned the said land or issued any No
Objection Certificate for the purpose of providing electricity service
connection. In the absence of any such recognition by the
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W.P.No.32714 of 2014
Government, an encroacher cannot seek any electricity service
connection merely referring Clause 27(2) (12) of the Tamil Nadu
Electricity Distribution Code.
9. Let us now consider the scope of the Tamil Nadu
Electricity Distribution Code. Clause 27 of the Code, deals with the
requisition for supply of energy/electricity. Clause 27 (2) (4) of the
Code contemplates that "an intending consumer who is not owner of
the premises occupies shall produce a consent letter Form 5 of
Annexure III to this Code from the owner of the premises for
availing the supply. If the owner is not available or refuses to give
consent letter, the intending consumer shall produced proof of his /
her being in lawful occupation of the premises and also execute an
indemnity bond in Form 6 of the Annexure III of this code
indemnifying the licensee against any loss on account of the
disputes arising out of effecting service connection to the occupant
and acceptance to pay security deposit twice the normal rate".
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W.P.No.32714 of 2014
10. In the context of Clause 27(2) (4), this Court has to
examine the circumstances under which the electricity service
connection shall be provided to a person, who is not an owner or in
the event of any dispute. An intending consumer, who is not an
owner of the premises in occupation in normal circumstances has to
get No Objection Certificate from the owner. In the event of refusal
from the owner, he has to execute an indemnity bond in Form 6 of
the Annexure III for the purpose of getting electricity service
connection. Importantly, Clause 27(2) (4) unambiguously stipulates
that the consumer shall produce proof of his / her being in lawful
occupation of the premises and also execute an indemnity bond.
11. Thus, the conditions stipulated in Clause 27(2) (4) of
the Code is that the applicant must be in lawful occupation of the
premises. The whole provision indicates that a person who is in
lawful occupation of the premises shall submit an application
seeking electricity service connection and in the event of any refusal
by the owner to give NOC, he is entitled to get the electricity service
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W.P.No.32714 of 2014
connection by executing an indemnity bond in Form 6 of the
Annexure III of the Tamil Nadu Electricity Distribution Code.
12. However, a person who is in unlawful possession is not
entitled to seek any electricity service connection in respect of
Poromboke or any premises. The provision intends to give
electricity service connection to the persons who all are in lawful
possession.
13. Let us now consider Clause 27 (2) (12) of the Code
contemplates that "Supply shall be given in Poromboke land on
production of necessary documents as per the directive from the
Government from time to time"
14. The provision has to be interpreted constructively, so as
to ensure that the legal occupations are recognized and no statute or
Rules would intend to provide benefit for a person, who is
committing an act of illegality. In general parlance, any illegality or
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W.P.No.32714 of 2014
unlawful act can never be recognized in the statute. In such
circumstances, if any ground is taken, the Court is bound to interpret
constructively so as to ensure the purpose and object of the statute,
rules which are sought to be achieved.
15. In this context, let us now consider the scope of clause
27 (2) (12) of the Tamil Nadu Electricity Distribution Code, which
contemplates that supply shall be given in Poromboke land on
production of necessary documents as per the directives from the
Government. The provision is intended to provide electricity
connection in the Poromboke land in respect of the lands assigned by
the Government or in the event of grant of Patta by the Government
to the persons. In other words, the persons holding valid document
includes patta or assignment granted by the Government or
otherwise but not in respect of the encroachers, who all are in illegal
occupation of Government Poromboke.
16. Thus, as pointed out earlier, law will not intend or
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W.P.No.32714 of 2014
provide benefit for the persons who are committing illegalities,
irregularities or an act of unlawfulness. The above provisions must
be interpreted in a pragmatic manner and purposive interpretation is
more important to ensure that the object is achieved. Merely because
the provision contemplates that electricity service connection shall
be given in a Poromboke land does not mean that every encroacher
of Government land is entitled to get electricity service connection
from the TANGEDCO. The provision unambiguously stipulated that
supply shall be given on production of necessary documents as per
the directives from the Government.
17. Let us consider the directive from the Government. The
directive from the Government indicates that if the property is
assigned or Patta has been granted in favour of any person, it is to be
construed as that such person is in lawful occupation. In the absence
of any such valid document issued by the Government, no person is
entitled to get electricity service connection in respect of Poromboke
land. The Encroacher or illegal occupants can never be recognized
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W.P.No.32714 of 2014
for the purpose of providing facilities. Encroachers are liable to be
evicted. All the Government lands are meant for public usage and
for the welfare of the public at large.
18. The land grabbers / encroachers if encouraged, no
doubt, the same would pave way for further illegalities and
irregularities. Therefore, the interpretation of the Tamil Nadu
Electricity Distribution Code is of paramount importance for the
purpose of providing electricity service connection, more
specifically, in Government Poromboke lands.
19. The Judgment relied upon by the petitioner is of no
avail as the interpretation of the Tamil Nadu Electricity Distribution
Code has not been considered and further the facts are dissimilar. In
the present case, it is a Poromboke land which is in occupation of the
petitioner and therefore, he cannot be construed as a person, who is
in lawful occupation of the premises and consequently the petitioner
is not entitled for the relief sought for in the present Writ Petition.
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W.P.No.32714 of 2014
20. It is brought to the notice of this Court that larger extent
of Government land is encroached upon by the petitioner and his
family members. The land value in that locality have increased and
the Government authorities are bound to ensure that the encroachers
are evicted and the public lands are utilized for the benefit of the
public at large. When larger extent of Government Poromboke lands
are under encroachment, the public authorities are bound to ensure
that all such encroachments are evicted and such valuable lands are
made available for the benefit of public at large and for establishing
public institutions or otherwise.
21. This Court is of the opinion that the District Collector
has to be impleaded, accordingly, the District Collector,
Chengalpattu District is suo motu impleaded as the 3rd respondent,
for the purpose of looking into the issues relating to the
encroachments and initiate all appropriate actions by invoking the
provisions of the Tamil Nadu Land Encroachment Act, 1905.
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W.P.No.32714 of 2014
Mr.M.Rajendiran, learned Additional Government Pleader takes
notice for the newly impleaded respondent.
22. As far as the present Writ Petition is concerned, the
provisions relied on by the learned counsel for the petitioner is of no
avail, as the petitioner is in unlawful occupation and an encroacher.
Thus, the Writ Petition is devoid of merits and stands dismissed. No
costs.
21.12.2021
shr/kan
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
1. The Superintending Engineer,
Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
Maraimalainagar,
Kancheepuram District-603209.
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W.P.No.32714 of 2014
2. The Junior Electrical Engineer,
Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
Tiruporur,
Kancheepuram District,
Pincode-603110.
3.The District Collector,
Chengalpattu District.
S.M. SUBRAMANIAM, J.
shr/kan
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W.P.No.32714 of 2014
W.P.No.32714 of 2014
21.12.2021
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