Madras High Court
M.Ramathal vs The Executive Engineer on 28 March, 2023
W.A.No.681 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.681 of 2023
M.Ramathal .. Appellant
Vs
The Executive Engineer,
Water Resources Organisation,
Kalingarayan Channel Division,
Lower Bhavani Basin Division,
Public Works Department,
Erode-638 002. .. Respondent
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 02.12.2022 made in W.P.No.3507 of 2013.
For the Appellant : Mr.R.Marudhachalamurthy
For the Respondents : Mr.P.Muthukumar
State Government Pleader
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W.A.No.681 of 2023
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 2.12.2022
passed in W.P.No.3507 of 2013, whereby the learned Single Judge
refused to grant the prayer made by the writ petitioner/appellant
herein to direct the respondent to issue no objection certificate to
the Tamil Nadu Electricity Board for granting electricity service
connection to the appellant's well situated in Survey No.821/1G at
Kullagoundenpudur, Punjai Kolanalli Village, Erode Taluk.
2. Learned counsel appearing for the appellant would submit
that the appellant is having two wells in RSF No.821/2A, for which
he had already obtained electricity service connection. When the
appellant sought electricity service connection for the well situated
in RSF No.821/1G, the same was refused by the respondent stating
that RSF No.821/1G is situated within the prohibited area.
3. Learned counsel for the appellant further submitted that
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W.A.No.681 of 2023
similarly placed persons were granted no objection certificate by the
respondent although they are also within the prohibited area and
the appellant cannot be discriminated.
4. On a perusal of the impugned order, it is seen that the
aforesaid submission made by learned counsel for the appellant has
been well considered by the learned Single Judge in paragraph 9 of
the order holding that merely because some connections have been
granted violating the Government Order, the same cannot be a
ground to extend the same benefit to the appellant. We are in full
agreement with the said finding arrived at by the learned Single
Judge. No one can seek equality in illegality and this court cannot
direct perpetuation of illegality. As rightly held by the learned
Single Judge, merely because some service connections were
granted in the prohibited area, the appellant as a matter of right
cannot seek service connection claiming equality. We do not find
any infirmity in the order passed by the learned Single Judge.
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W.A.No.681 of 2023
5. Finding no merit in the writ appeal, the same is dismissed.
There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
28.03.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
The Executive Engineer,
Water Resources Organisation,
Kalingarayan Channel Division,
Lower Bhavani Basin Division,
Public Works Department,
Erode-638 002.
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W.A.No.681 of 2023
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.681 of 2023
28.03.2023
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