A property owner is entitled to receive electricity service, and utility providers are authorized to erect necessary infrastructure to facilitate such connection, provided ownership is established and the installation follows permissible routes, even in the event of obstruction by private parties.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to provided electricity connection to the petitioner's property bearing Door No.3/30, R.C. Street, situated in Alagapuri Village, Thiruvengadam Taluk, Tenkasi District with the aid of the third respondent within the time frame fixed by this court.

ORDER

The petitioner is before this Court seeking a direction to respondents 1 and 2 to provide an electricity service connection to his property bearing Door No.3/30, R.C. Street, situated at Alagapuri Village, Thiruvengadam Taluk, Tenkasi District.

2.The petitioner claims to be the absolute owner of the said property and states that the patta stands in his name. According to the petitioner, his application seeking electricity service connection has not been processed owing to an objection raised by the fourth respondent.

3.It is the case of the respondents that when respondents 1 and 2 attempted to erect an electric pole for providing service connection to the petitioner’s dwelling house, the fourth respondent obstructed the same on the ground that the proposed pole was to be erected in a patta land allegedly belonging to him.

4.Though notice has been duly served, the fourth respondent has neither appeared in person nor through counsel to contest the claim of the petitioner.

5.Heard the learned counsel appearing on either side and perused the materials available on record.

6.The petitioner has produced a copy of the patta standing in his name in respect of Survey No.120/5 measuring an extent of 0.22.50 hectares situated at Alagapuri Village. It is not in dispute that the dwelling house for which electricity service connection is sought is situated within the said survey field. Therefore, the petitioner’s ownership and possession of the property comprised in Survey No. 120/5 stand established.

7.The petitioner has also produced the patta relating to Survey No.120/6, which stands jointly in the names of the petitioner and his brothers.

8.In the above circumstances, this Court finds no legal impediment for respondents 1 and 2 to erect the necessary electric poles in the aforesaid survey fields and, if required, along the public street for the purpose of extending electricity service connection to the petitioner’s dwelling house.

9.Accordingly, this writ petition is disposed of with a direction to respondents 1 and 2 to provide electricity service connection to the petitioner’s dwelling house and to erect the necessary poles for drawing the transmission line, through the public street or other permissible route, if required.

10.The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

11.If any obstruction is caused in the course of carrying out the said work, respondents 1 and 2 are at liberty to seek necessary police protection and assistance from the third respondent for implementing this order and ensuring uninterrupted execution of the work. No costs.