W.P. filed under Article 226 seeking direction to provide electricity service connection. Court directed respondents to issue connection considering an earlier NOC, despite prior lapse of application.
Directed to provide electricity service connection as per application No.12/95-96 considering the subsequent NOC and readiness certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.9386 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.9386 of 2019
A.Reeta Mary
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to forthwith provide electricity service connection in S.No.69/4 of Velur Pazhanthottam Village, Thanjavur Taluk as per the application No.12/95-96 dated 13.09.1995.
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For Petitioner : Mr.P.Vadivel For Respondents : Mr.S.Deenadhayalan Standing Counsel
W.P.(MD)No.9386 of 2019
ORDER
This writ petition has been filed seeking for a direction to the respondents herein to forthwith provide electricity service connection in S.No. 69/4 of Velur Pazhanthottam Village, Thanjavur Taluk as per the application No.12/95-96 dated 13.09.1995.
2. When the matter is taken up for hearing, the learned standing counsel appearing for the respondents, on instructions, submitted that the application has already been lapsed, for non production of “No Objection Certificate” from the Public Works Department for giving electricity service connection to the agricultural land, which is situated within 200 meters from the water channel. Since the petitioner was unable to produce No Objection Certificate within the maximum mandated period of five years from the date of receipt of issuance of the Readiness Certificate, which was issued on 18.03.2006, the petitioner's application lapsed.
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W.P.(MD)No.9386 of 2019
3. The learned counsel appearing for the petitioner submitted that the Public Works Department issued No Objection Certificate only on 19.12.2012 ie., after a period of nearly six years from the date of issuance of the Readiness Certificate.
4. The learned standing counsel appearing for the respondent Corporation submitted that the respondents would provide electricity service connection to the agricultural land to the beneficiaries only on announcement from the government and as and when the government announces the same, they will provide the petitioner with electricity service connection.
5. Considering the fact that the petitioner is a senior citizen and also considering the fact that the petitioner is a woman, this Court is of the considered view that the respondents ought to have dealt with her application by giving proper guidance as to the period of limitation for submission of No Objection Certificate.
6. In view of the above, this Court hereby direct the respondent Corporation to provide electricity service connection in S.No.69/4 of Velur Pazhanthottam Village, Thanjavur Taluk as per the application No.12/95-96
W.P.(MD)No.9386 of 2019
dated 13.09.1995, by considering No Objection Certificate issued by the Public Works Department, dated 19.12.2012 and Readiness Certificate dated 18.03.2006, on issuance of directives issued by the State Government in this regard, at the next instance.
7. With the above direction, this writ petition is disposed of. No costs.
02.12.2024
NCC : Yes / No Index : Yes / No Sm
W.P.(MD)No.9386 of 2019
TO :-
W.P.(MD)No.9386 of 2019
L.VICTORIA GOWRI, J.
Sm
Order made in W.P.(MD)No.9386 of 2019
Dated 02.12.2024
1 issue framed by the court
Whether the impugned order lapsing of the electricity service connection application should be set aside considering the petitioner's status.
1 provisions across 1 enactments
A. Reeta Mary
The Superintending Engineer, Tamil Nadu Electricity Board
The Divisional Engineer, Tamil Nadu Electricity Board
The Assistant Engineer (O&M), Tamil Nadu Electricity Board
Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
