IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.07.2023 CORAM : JUSTICE N.SESHASAYEE W.P.No.18378 of 2020 and WMP.No.22772 of 2020 Munirathna Mudaliar .. Petitioner Vs

1.The District Collector of Vellore Vellore District Vellore.

2.The Tamil Nadu Electricity Board Rep. by the Executive Engineer Gudiyattam Vellore District. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned proceedings dated 29.10.2020 in Ka.No.CO.CE & SE.03/Se.Po/E & Pa/Varai/Ko/Pugar/2020-2021 of the second respondent and quash the same and consequently direct the respondents to grant electricity connection for 5 HP Motor Pump, to the petitioner's agricultural land in S.F. Nos.560/3 and 566/1, situated at Pasumathur Village, Gudiyattam Taluk, Vellore District, for agricultural purpose, without insisting for any 'No Objection Certificate'.

For Petitioner : Mr.R.Gopinath for M/s. MC GAN Law Firm For Respondents : Mr.G.Ameedius Government Advocate for R1 Mr.S.Madhusudhanam for R2 ORDER The petitioner challenges the proceedings of the second respondent dated 29.10.2020, whereunder the petitioner was declined the electricity connection for his well located in S.No.560/3 in Pasumathur Village, Gudiyattam Taluk, Vellore District, intended for irrigation purposes.

2. The eligibility for providing electricity connection for those who have any irrigation facilities such as well, bore well, or tube well in Palar Basin is governed by G.O.Ms.No.73, Public Works Department, dated 08.01.198. Vide this G.O., certain provision for relaxing the conditions for providing electricity connection and for digging the well or bore well or tube well and also to provide electricity connection has been declared. The relevant provisions are herein below :

"Conditions regulating the relaxation of Palar Basin Rules :

1) Deepening of existing wells and sinking of new wells or installation of pumpsets within 400 metres of the active spring channels taking off from the Palar River and its tributaries and within 50 meters of any other irrigation source such as tanks, channel or rivers, shall strictly be prohibited. The distance in all cases will be calculated from the outer end of bund wherever it exists and the banks in other cases.

2) If there are wells or infiltration galleries etc., sunk in the bed of the Palar River or its tributaries for supplying drinking water to any local body or if any such schemes is proposed or is under investigation, sinking of wells or the wells with or without installation of pumpsets shall be prohibited, within a distance of 600 meters of such well, infiltration galleries etc., 3) ...... ...... ...... ...... ..... ..... ...... ..... ...... 4) ...... ...... ...... ...... ..... ..... ...... ..... ...... 5) ...... ...... ...... ...... ..... ..... ...... ..... ......

6) (i) No well in the Palar Basin shall be allowed to have pumps of greater capacity than as follows :-

a) A ctive Springs :

Beyond 400 metres .. 8 H.P.

b) A ctive Spring Channels :

Between 200 metres and 400 metres .. 5 H.P. Beyond 400 metres .. 8 H.P.

c) O ther source Between 50 metres upto 100 metres .. 5 H.P. Beyond 100 metres .. 8H.P.

ii) Pumping from any well in the ayacut shall be done for irrigating the ayacut lands only."

3. Earlier when the petitioner applied for electricity connection, has given a representation and as it was not attended to, he approached this Court with W.P.No.8621 of 2013, and this Court vide its order dated 13.12.2019, directed the authorities concerned to provide the petitioner an opportunity of being heard in the matter and also directed them to consider the representation. The impugned proceedings involved in this case is a consequence of the direction given by this Court in W.P.No.8621 of 2013. As per the scheme of the G.O., no electricity connection can be provided, if any well or bore well is within the stipulated 200 mtrs. from