Unapproved settlements near quarry sites require clearance from the Department of Geology and Mining for electricity service connection as per Rule 36(1-A) of the Tamil Nadu Minor Minerals Concession Rules, 1959.

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for a writ of Mandamus directing the third respondent herein to accept the petitioner’s application and provide Electricity Service Connection to her house situated at No.79, Dhanalakhmi Nagar, Kannampalayam Village, Sulur Taluk, Coimbatore District based upon the order of this Court passed in W.P.No.14706 of 2013 dated 05.12.2013.)

1. The writ petitioner herein is a resident of Dhanalakshmi Nagar, Kannampalayam Village, Sulur Taluk, Coimbatore District. She has filed this writ petition for mandamus to direct the third respondent to receive her application and to provide electricity service connection to her house based on the order in W.P.No.14706 of 2013 dated 05.12.2013 by this Court.

2. According to the petitioner, she is residing in the above address for more than 25 years. Nearly 50 families are residing in that area. Though, they are provided with family card, voter Identity Card, they do not have access to electricity in their settlement. The residents came to know that one P.Nagaraj has obtained licence to quarry in S.No.39/2(P), 106/1B(P) and 106/1D(P) of Kannampalayam Village for 5 years from 08.05.2010 to 17.05.2015. He has filed W.P.No.14706 of 2013 for a relief not to give E.B service connection to the residences within 300 meter radius of his quarry site. This writ petition was dismissed with the following observations:-

14. From the material on record, it could be deduced that there are many people living in Dhanalakshmi Nagar, for the past 5 to 10 years, without basic amenities, though they have constructed houses. Poultry shed is within 220 meters. Thus it could be seen that the people who are in an affordable position, have access to electricity, but the poor people are living in darkness, for years together. It is unfortunate that the Assistant Engineer, Tamil Nadu General and Distribution Corporation Ltd., CEDC/METRO, Kannampalayam, Coimbatore –2, who is the competent authority to provide electricity under the Electricity Act, has failed to take note of the fact that if the quarry labourers shed and crushing unit falling within a distance of 57 metres from the boundary of the area leased out to the petitioner and the poultry shed and an approved house located at a distance of 220 metres away from the boundary of the area leased out, could be given electricity connection, it is not known as to how, he could reject the application of one Mr.Ayyaswamy and 2 others on the ground that their respective houses are within a distance of 300 metres from the quarry site. In the humble opinion of this Court, in so far as providing basic amenities, there is no question of discrimination between rich or raff.

15. In the light of the above discussions, this Court is not inclined to issue a mandamus as sought for by the petitioner. Accordingly, the writ petition is dismissed. No costs. Connected miscellaneous petition is closed.”

3. In the second writ petition in W.P.No.14170/2013 the said Mr.P.Nagaraj without disclosing the dismissal of the earlier writ petition (W.P.No.14706 of 2013 dated 05.12.2013) sought for same relief and obtained order from the Court that the authorities to consider his representation and pass orders within 6 weeks.

4. The petitioner gave representation on 13.05.2019 to the second respondent to provide electricity service connection in compliance of the order of this Court in W.P.No.14710 of 2013 dated 17.11.2016. The petitioner is ready to execute indemnity bond as per clause 27(4) of the Tamil Nadu Electricity Distribution Code, 2004. The respondents are duty bound to receive the application and give electricity service connection as per Section 43 of the Electricity Act, 2003 and as per the direction of this Court in W.P.No.14710 of 2013 dated 17.11.2016, since, the respondents have failed to discharge the statutory duty, the present writ petition for mandamus filed.

5. The second respondent on behalf of TANG