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Indhira v. The District Collector

Madras HC28 Apr 2025WP(MD)/12067/2025

Case brief

AI extract

What is this about?

Article 226 writ of certiorarified mandamus; TANGEDCO electricity service connection refused/cancelled 03.03.2025; poramboke land waterbody Gundur village Thiruvarambur Trichy; NOC Tahsildar not insisted; adjacent houses already connected; electricity fundamental amenity; caveat water-body restoration no rescue; application No.200062250225270; WMP(MD) 8889 & 8891 closed; Vivek Kumar Singh J.; 28.04.2025.

What did the court decide?

Writ petition allowed: third respondent (Assistant Engineer, TANGEDCO) directed to provide electricity service connection to petitioner's house in S.No.186 of Gundur Village, subject to other usual formalities and without insisting on Tahsildar NOC, as expeditiously as possible; connected miscellaneous petitions WMP(MD) Nos.8889 & 8891 of 2025 closed. ¶35

Indhira Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to an electricity service connection to premises situated on poramboke land forming a waterbody, where the revenue authority cannot issue the NOC insisted upon by TANGEDCO. +1 more

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Court's answer

Where adjacent houses of the petitioner already enjoy electricity service connections, the petitioner cannot be deprived; electricity is a fundamental amenity; accordingly the third respondent (Assistant Engineer, TANGEDCO) is directed to provide the electricity service connection.

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Ratio / Principle

The connection is to be provided subject to fulfilment of the other usual formalities, but the NOC from the Tahsildar will not be insisted upon; this shall be done as expeditiously as possible.

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Key takeaways

Caveat: the petitioner cannot take advantage of this Court's direction, and if the authorities take action for restoring the water-body, this order will not come to the rescue of the petitioner.ratio¶31

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (Vivek Kumar Singh, J.), W.P.(MD)No.12067 of 2025, decided 28.04.2025: Petitioner Indhira challenged the TANGEDCO Assistant Engineer's cancellation order dated 03.03.2025 refusing electricity service connection (application No.200062250225270) to her house in S.No.186 of Gundur Village, Thiruvarambur taluk, Trichy. Her premises stand on poramboke land forming a waterbody, and the Tahsildar could not issue the NOC demanded by TANGEDCO. Held: since adjacent houses already have connections, the petitioner cannot be deprived - electricity is a fundamental amenity; the third respondent is directed to provide the connection subject to other usual formalities, with NOC from the Tahsildar not to be insisted upon, expeditiously. Caveat: the order will not shield the petitioner if the authorities act to restore the water-body. Writ petition allowed; connected WMP(MD)Nos.8889 & 8891 of 2025 closed.

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W.P.(MD)No.12067 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.04.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

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W.P.(MD)No.12067 of 2025

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and

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WMP (MD) Nos.8889 & 8891 of 2025

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Indhira : Petitioner

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Vs.

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The District Collector, Trichy District.

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The Tahsildar, Thiruvarambur Taluk, Trichy District.

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The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Sembattu, Airport Post, Trichy District. : Respondents

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PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus thereby call for the records of the third respondent dated 03.03.2025 cancelling the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12067 of 2025

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petitioners application No.200062250225270 for electricity service connection to the house in S.No.186 of Gundur Village, Thiruvarambur taluk, Trichy District and quash the same as illegal and arbitrary and in consequences thereof direct the 3rd respondent to give electricity service connection to the petitioners house at once.

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For Petitioner : Mr. P.Ganapathi Subramanian For Respondents : Mr.K.S.Selva Ganesan

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Addl. Government Pleader for R1 & R2 Mr.S.Deenadhayalan Standing Counsel for R3

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O R D E R

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Challenging the cancellation order dated 03.03.2025

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refusing to grant electricity service connection and to direct the third respondent to provide electricity service connection to the petitioner's house, the present writ petition has been filed.

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Heard the learned counsel for the parties. By consent of

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both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12067 of 2025

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The petitioner seeks grant of electricity service

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connection. The petitioner's premises have been put up on a poramboke land. The TANGEDCO officials insisted on production of NOC from the revenue authority. The revenue authority is unable to furnish NOC because the site is located in a waterbody.

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This Court can very well understand the hesitation on the part of the revenue authorities. But when, the adjacent houses of the petitioner have already been granted electricity service connection, the petitioner cannot be deprived. Electricity is a fundamental amenity. Therefore, the third respondent is directed to provide electricity service connection to the petitioner subject to fulfilment of the other usual formalities. NOC from the Tahsildar will not be insisted upon. This shall be done as expeditiously as possible. It is also made clear that the petitioner cannot take advantage of the fact that this Court has directed for grant of electricity service connection and if the authorities take action for restoring the water-body, this order will not come to the rescue of the petitioner.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12067 of 2025

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With this caveat, this writ petition stands allowed. Consequently, connected miscellaneous petitions are closed.

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28.04.2025

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Index : Yes / No Internet : Yes / No PKN

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12067 of 2025

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The District Collector, Trichy District.

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The Tahsildar, Thiruvarambur Taluk, Trichy District.

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The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Sembattu, Airport Post, Trichy District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.12067 of 2025

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VIVEK KUMAR SINGH, J.

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PKN

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W.P.(MD) No.12067 of 2025