Kanagaraj vs The District Collector
2021 Latest Caselaw 22172 Mad

Citation : 2021 Latest Caselaw 22172 Mad
Judgement Date : 11 November, 2021

Madras High Court

Kanagaraj vs The District Collector on 11 November, 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

W.P.(MD) No.18877 of 2021
and WMP(MD) No.15701 of 2021

1. Kanagaraj
2. Vasanthi
3. Immanuel
4. Suganya
5. Banu
6. Parameshwari
7. Saraswathi
8. Rabiyathulfasiriya
9. Mamutha
10. Bojiyabanu
11.Sankar
12.Abdul Raheem
13. Nizar Ahamed
14. Anwar Hussain
15. Vijayakumar
16. Vijayakumar
17. Sebatinmary
18.Vivek ... Petitioners
vs.
1. The District Collector
Pudukottai District

https://www.mhc.tn.gov.in/judis
2

2. The Superintending Engineer
Tamil Nadu Generation and Distribution Corporation Limited
TANGEDCO
Pudukottai

3. The Tahsildhar
Kulathur
Pudukottai District

4. The Assistant Executive Engineer
(Operation and Maintenance)
Tamil Nadu Generation and Distribution Corporation Limited
TANGEDCO
Keeranur Post, Kulathur Taluk
Pudukottai District

5. The Assistant Engineer
(Operation and Maintenance)
Tamil Nadu Generation and Distribution Corporation Limited
TANGEDCO
Mathur Post, Kulathur Taluk
Pudukottai District ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the fifth respondent to give electricity
service connection to the petitioner's house comprised in S.F. No.206/2 of Mathur
Village, Kulathur Taluk Pudukottai District.
For Petitioner : Mrs. G.Yazhini for
for M/s.P.Ganapathi Subramanian
For Respondents : Mr.S.Shanmugavel
No.1 and 3 Government Advocate
No.2,4 and 5 : Ms. M.Rajeswari
for S.M.S. Johnny Basha

https://www.mhc.tn.gov.in/judis
3

ORDER

This petition has been filed by about 18 petitioners for whom necessary

permission has been granted in W.P(MD) No. 10167 of 2021 dated 07.07.2021.

2. The petition has been filed seeking direction to the fifth respondent to

give electricity service connection to the house of the petitioners in S.F. No.

206/2 in Mathur Village, Kulathur Taluk, Pudukottai District. Both the learned

counsel for the petitioners and the learned Government Advocate representing the

respondents have place reliance on the earlier judgment of this Court in W.P(MD)

No.3769 of 2013, wherein necessary pre-condition to be undertaken by the

petitioner has been stated for giving electricity connection. This is extracted for

reference:

“4. The issue involved in the present Writ Petition has already been dealt with in W.P.(MD).No.3769 of 2013. That Writ Petition was filed by the other residents in the same locality seeking for service connection. It will be beneficial to extract the order passed in the said Writ Petition on 15.04.2013 hereunder:-

“3. The learned Additional Government Pleader on instruction submitted that the Tahsildar is prepared to give 'no objection' certificate for the purpose of taking electricity connection to the residence of the petitioners, in case they submit individual

https://www.mhc.tn.gov.in/judis

affidavits, undertaking to vacate the property whenever notice is issued to that effect by the Government.

4. The learned Standing Counsel for the Tamil Nadu Generation and Distribution Corporation Limited submitted that the 2nd respondent is prepared to provide electricity connection to the petitioners, in case 'no objection' certificate is obtained from the Tahsildar.

5. The learned counsel for the petitioners submitted that the petitioners are prepared to execute an affidavit before the Tahsildar to the effect that they will vacate the property in the event Government requires the lands.

6. The petitioners are directed to approach the Tahsildar, Kulathur to execute an undertaking affidavit to the effect that they will vacate the property in the event of Government requires the lands, for the purpose of obtaining 'no objection' certificates for electricity connection. In case the petitioners give any such undertaking to vacate the property, necessarily 'no objection' certificate should be given by the Tahsildar, Kulathur within two weeks from the date of receipt of such undertaking. Similarly, in the event of producing 'no objection' certificates by the petitioners before the second respondent, the application for electricity connection should be considered and disposed of within a period of two weeks from the date of receipt of application.”

https://www.mhc.tn.gov.in/judis

3. The petitioners have to necessarily comply with the conditions and a

direction is given to the petitioner to comply with the conditions. The

respondents shall provide electricity connection to the petitioners provided they

comply with the pre conditions as prescribed by the respondent and after paying

necessary fees as required.

4. With the above directions, the Writ Petition stands disposed of. No

costs. Consequently connected miscellaneous petition is closed.

11.11.2021 (2/2) Index : Yes / No Internet : Yes / No aav

1. The District Collector Collectorate Sivagangai District

2. The Tahsildhar Thirupuvanam Taluk Sivagangai District

https://www.mhc.tn.gov.in/judis