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2013 Supreme(Mad) 3462

High Court of Judicature at Madras
S. MANIKUMAR, J.
T.M. Prakash & Others
Versus
The District Collector, Tiruvannamalai & Another
W.P. No. 17608 of 2013 & M.P. No. 1 of 2013
Decided on: 27-09-2013

Advocate Appeared:
For the Petitioners:G. Pari, Advocate.
For the Respondents:R1, Vijayakumar, Addl. Govt. Pleader, R2, G. Vasudevan, Advocates.

Headnote:Constitution of India, 1950 - Article 21 - Tamil Nadu Electricity Distribution Code, 2004 - Regulation 27 – The petition was filed by the Petitioners, who are the residents of the government poromboke lands, to be provided electricity – it was held that irrespective of their disputed ownership over the land they are entitled to access electricity because right to electricity is interpreted under right to life – lack of accessibility to electricity degrades the socio-economic life and should be seen in light of equality of opportunity otherwise it defeats the concept of socio-economic justice enshrined in the Constitution and is in violation of human rights – directions were issued to the Respondents to provide electricity service connection and supply to the Petitioner on production of the ‘No Objection Certificate.

Judgment

1. The petitioners have sought for a Mandamus, directing the respondents to provide electricity connection to them, based on Indemnity Bond.

2. It is the case of the petitioners that they are residing in Government poromboke lands, for the past 2 centuries and about 180 members are engaged in Laundary work. They have put up huts in the working place. Their children are studying in Schools and Colleges, but they do not have electricity connection. When they have made applications to the respondents, to provide electricity supply, the Superintending Engineer, Tamil Nadu Electricity Board, has directed them to obtain "No Objection Certificates" from the District Collector, Tiruvannamalai, the 1st respondent herein. Therefore, they made a representation, dated 11.08.2010 to the 1st respondent, for grant of No Objection Certificate. Another representation, dated 31.05.2011, was also made to the Superintending Engineer, Tamil Nadu Electricity Board, Tiruvannamalai, 2nd respondent herein, to provide electricity. But the 2nd respondent has rejected the said request on 07.06.2011, citing irrelevant reasons.

3. On the above pleadings, Mr.Pari, learned counsel for the petitioners submitted that the petitioners are residing in Periyar Nagar, Tiruvannamalai District, and that they have been issued with Ration Cards by the Civil Supplies Corporation. Attention of this Court was also invited to the property tax receipts issued by Tiruvannamalai Municipality, for the years 2011-12, Voter's I.D., issued by the Election Commission of India, to prove that the petitioners are residing at Polur Road, 7th Street, Thiruvannamalai District.

4. Referring to Section 43 of the Electricity Act, 2003, which mandates the 2nd respondent to provide electricity supply, to an occupier of the land or premises and Regulation 27(12) of the Tamil Nadu Electricity Distribution Code, 2004, Mr.Pari, learned counsel for the petitioner submitted that a duty is cast upon the 2nd respondent to provide electricity supply, upon receipt of applications, along with an undertaking from the petitioners, as provided for.

5. Referring to the memo, dated 29.11.2005, of the Additional Chief Engineer, TEDC, Tiruvannamalai-4, stating that in respect of poromboke land, inside/outside Girivalam path, there is no need to provide electricity service connection, till a separate decision is taken, by the Committee, after consulting Municipal authorities, Panchayat authorities and Revenue Department, he submitted that the said memo cannot override the statutory provision and the Regulations framed thereunder, and indirectly curtail the rights of the petitioners, under the Statutory provisions, which includes the Distribution and Supply Codes, to obtain electricity supply, for living.

6. Learned counsel for the petitioners further submitted that when the Statute contemplates supply of electricity to even persons, in occupation of Government poromboke lands, the restriction imposed by the authorities, on the basis of the abovesaid memo, runs contrary to the Electricity Act, 2003 and Tamil Nadu Electricity Distribution Code, 2004. He further submitted that though the petitioners are residing in the abovesaid place, for long number of years, patta has not been given, despite request.

7. In this context, learned counsel for the petitioners invited the attention of this Court to the proceedings of the Tahsildar, Tiruvannamalai District, dated 23.10.1992, addressed to the Muncipal Commissioner, Tiruvannamalai Municipality and submitted that in the year 1992, the Tahsildar, has requested the Commissioner, Tiruvannamalai Municipality, to send a resolution, for grant of house site pattas, to the laundry workers, in respect of Survey Nos.95, 96, 10, 520 and 521, Chettikulam Medu, Tiruvannamalai. Endorsement of the Jamabanthi Officer cum Revenue Divisional Officer, Tiruvannamalai, on the request, dated 11.05.1992, made by the 1st petitioner, has also been referred.

8. Learned counsel for t







































































































































































































































































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