Board is under obligation to provide supply even in poramboke land on production of necessary documents.

(Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd espondent to provide new service electricity connection on execution of Indemnity Bond, to the premises bearing No.22, 2nd Cross Street, Amman Nagar, MGR Nagar Extension, Koladi, Tiruverkadu, Chennai-77.)

Common Order:

When identical issues are involved in batch of writ petitions, it is highly essential to pass a common order, to avoid the conflict of decision. Thus, all the writ petitions are heard together and a common order is passed.

2. The petitioners contend that they are hailing from poorest of the poor and occupying the Poramboke land of Government and are in continuous possession and enjoyment of the property from time immemorial. The case of the petitioners is that the Government never objected for the same and considering their poverty and their livelihood, ration cards are issued by the Civil Supplies and Consumer Protection Department of the State and Voters Identity Cards were also issued by the Election Commission and they are also paying the property tax. However, the petitioners are not provided with electricity supply, despite of repeated requests.

3. The case of the petitioners is that they are living in the scheduled premises from long time and their children have to study and their family members have to enjoy the same facilities like all others in the country, for which the basic requirement is the electricity connection. Therefore, they approached the respondents to provide electricity connection; but the respondents are denying the same on the ground that the petitioners have to produce 'No Objection Certificate' from the Government.

4. Hence, the petitioners have approached this Court for suitable direction.

5. The second respondent has filed a counter, wherein the possession of the petitioners in the properties is admitted. It is also admitted that the petitioners have applied for domestic service connection and they have enclosed ration card issued by the Civil Supplies and Consumer Protection Department and Voters Identity Card issued by the Election Commission in proof of their occupation.

6. In para 4, it is stated that the petitioners' application were denied since the P.W.D. authorities raised an objection in their letter No.476 of 2001 dated 11.07.2001 stating that the scheduled land being Eari Poramboke has encroached in large number. Therefore, service connection should not be given.

7. The second respondent has very fairly admitted that the Tamil Nadu Electricity Board Acts as per the provisions of the Tamil Nadu Electricity Distribution Code, which is in vogue, normally does not deny electricity service connection to any intended legal applicant and the Act is very clear that if there is any objection, the same is to be denied. It is stated that since the P.W.D. authorities have raised an objection, the respondents are not able to comply with the request of the petitioners, though the petitioners have produced necessary documents, such as ration card, voters identity card, to prove their possession and occupation of the scheduled premises.

8. In para 7 of the counter, it is stated that some other occupants in the same scheduled land have obtained electricity connection as there was no objection from P.W.D. Therefore, it is clear that the equity before law is not maintained in the instant cases and some other occupants in the same Poramboke land are provided with electricity connection as there was no objection from the P.W.D. and the petitioners alone are singled out. The reasons are unknown.

9. Heard the learned counsel for both sides.

10. Mr.R.Balaji, learned counsel appearing for the petitioner in all the writ petitions stated that the petitioners are in occupation of the Poramboke land since long time and the revenue authorities did not object for the same and on the other, ration cards and Voters Identity Card also have been issued to them. Therefore, the Government is fu