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2009 DIGILAW 5463 (MAD)

Pozhichalur Makkal Nala Munnetra Sangam, rep. by its President Mr. Gnanamani, Pozhichalur v. The Chairman Tamil Nadu Electricity Board NPKRR Maligai & Others

2009-12-09

P.JYOTHIMANI

body2009
Judgment :- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd respondent to restore the electricity connection without causing any further consequences to the petitioners (E.B. House consumer numbers mentioned against each member petitioners) and street lights in survey No.231/1 and 244/1, in Pozhichalur village, which was illegally disconnected on 19. 2009 by the 3rd respondent pursuant to his common notice dated 28. 2009. Heard both sides. 2. The members of the petitioner Association numbering 28, the list of which has been given in the affidavit, who occupy various portions in Survey No.231/1, 244/1 in Pozhichalur village, were enjoying the electricity connection for quite some time which was stated to have been disconnected by the 3rd respondent on 12.09.2009 pursuant to a common notice issued on 22.08.2009. The notice issued by the 3rd respondent Electricity Board to various occupants who are the members of the petitioner Association refers to Survey No.231/2A. It shows that the said properties belong to the 6th respondent, Govindammal represented by her power agents, viz., Abraham Babu and Ramani Babu and it was at their instance, the electricity connection came to be disconnected by holding that the said members of the Association are not the lawful occupants. 2. Mr. T. Vineeth Kumar, learned counsel appearing for the sixth respondent submits that in as much as the said lands belong to the sixth respondent, the members of the petitioner Association are squatterers and they are to be treated as encroachers who are not entitled to be continued in possession. If that is the case, certainly they are not entitled for the electricity connection since only the lawful occupants could be given connection. 3. But, on the other hand, it is not in dispute that these occupants who are the members of the petitioner Association have been provided with electricity supply for long years as it is seen in the electricity card issued by the Electricity Board to each of the members of the Petitioner Association. It is also seen that these members are provided with Family card and they have been paying taxes to the Municipality as it is seen in the various demands issued by the Municipality and the records and the Survey and settlement Registers also finds the names of the individuals of the petitioner Association who are occupying various portions. It is also seen that these members are provided with Family card and they have been paying taxes to the Municipality as it is seen in the various demands issued by the Municipality and the records and the Survey and settlement Registers also finds the names of the individuals of the petitioner Association who are occupying various portions. In such circumstances, when admittedly, the members of the petitioner Association have been enjoying the electricity supply, certainly they are entitled to continue to have such supply and merely because the fifth respondent has objected in respect of the ownership of the property, it cannot be said that the occupiers should be deprived of their right to have electricity connection for the reason that the right of having electricity connection is forming part of the right to live under Article 21 of the Constitution of India since right to live is construed to be with human dignity and not merely animal existence. 4. It is always open to the sixth respondent to enforce her legal right and interest over the property before the competent court of law and thereafter, it is certainly open to her to take possession of the lands in occupation of the members of the petitioner Association. Till such acts are taken in accordance with law, I am of the considered view that the members of the petitioner’s Association, who have been enjoying electricity supply, which is the basic amenity, are to be permitted to enjoy the same, of course, subject to various conditions as contemplated under the Electricity Supply Code. 5. In such view of the matter, the writ petition is disposed of with a direction against the 3rd respondent to consider the claim of the members of the petitioner Association for restoring electricity supply to the individual members subject to the conditions as enumerated under the Electricity Supply Code including the presentation of the Indemnity Bond etc., making it clear that such supply shall be subject to the condition and without prejudice to the right of the sixth respondent to enforce her right in the competent Forum in respect of the title which she claims in this writ petition. The 3rd respondent shall restore the service connection to the members of the petitioner Association within period of two weeks from the date of receipt of a copy of this order. No costs.