The petitioner must obtain a No Objection Certificate from the Tahsildar due to property occupation rules.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :24.04.2025 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.14846 of 2025 E.N.Madeswaran, Son of Late Nachimuthu Gounder, Door No.4/250, Mainthotti Thottam, Chinnampalayam, Sithampoondi Village, Jameen Elampalli Post, Paramathi Velur Taluk, Namakkal District. .. Petitioner /versus/

1. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Nadandai, Paramathi Velur Division and Taluk Namakkal District.

2.The Tahsildar, Paramathi Velur Taluk, Namakkal District.

(R2-Suo moto impleaded as per order dated

24.04.2025 in W.P.No.14846 of 2025 by DBCJ) .. Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to provide the Electricity Service Connection to the petitioner's house in Old Door No.8- 116, New Door No.4/250, Mainthotti Thottam, Chinnampalayam, Sithampoondi Village, Jameen Elampalli Post, Paramathi Velur Taluk, Namakkal District (SF No.772) by accepting the undertaking as per the Clause

27(2)(12) of the Tamil Nadu Electricity Distribution Code .

For Petitioner :Mr.Ma.P.Thangavel For Respondents :Mr.S.Kalaiselvan(TANGEDCO) for R1 Dr.S.Suriya for R2(impleaded respondent)

ORDER This Writ Petition is filed to issue a Writ of Mandamus directing the 1^st respondent to provide the Electricity Service Connection to the petitioner's house in Old Door No.8-116, New Door No.4/250, Mainthotti Thottam, Chinnampalayam, Sithampoondi Village, Jameen Elampalli Post, Paramathi Velur Taluk, Namakkal District (SF No.772) by accepting the undertaking as per the Clause 27(2)(12) of the Tamil Nadu Electricity Distribution Code .

2. The case of the petitioner is that the petitioner is residing at old door NO.8-116, New Door No.4/250, Mainthotti Thottam, Chinnampalayam, Sithampoondi Village, Jameen Elampalli Post, Paramathi Velur Taluk, Namakkal District, in S.F.No.772. As a matter of fact, for the occupation of the property, the petitioner is paying penal charges and the receipt is also produced along with the typed set of papers. When the petitioner approached the first respondent for grant of electricity connection, the same is denied to him on the ground that the petitioner should obtain 'No Objection Certificate' from the jurisdictional Tahsildar as per the Rules.

3. No exception whatsoever can be taken to the first respondent insisting No Objection Certificate. In this case, two statements are made by the petitioner. Firstly, it is stated that S.F.No.772 is jPh;it Vwg; ll; jhpR. Therefore, it comes within the category of non-objectionable poramboke. Secondly, the petitioner is the settled possession of the said extent for a long period. If that be the case, the petitioner is assessed penal charges and there is no other action taken against the petitioner in respect of the occupation subject to the fact that the Government will always be the owner of the property. The Tahsildar shall consider and issue No Objection Certificate to the petitioner.

4. In view thereof, this writ petition is disposed of on the following terms:

(i)The petitioner shall make a representation to the second respondent along with the copy of this order and such proof in the hands of the petitioner, within a period of one week, from the date of receipt of the web copy of the order, without waiting for the certified copy of the order;

(ii)Within a period of two weeks therefrom, the Tahsildar, shall conduct enquiry on the application of the petitioner and issue no objection certificate and;

(iii)Thereafter, the petitioner shall produce the same before the first respondent, first respondent shall effect the electricity connection. No costs.