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2013 DIGILAW 2563 (MAD)

S. Ramasamy v. District Collector Namakkal District

2013-07-19

M.JAICHANDREN

body2013
Judgment :- 1. Heard the learned counsel appearing for the petitioners, as well as the learned counsels appearing on behalf of the respondents. 2. This writ petition has been filed praying that this court may be pleased to issue a Writ of Mandamus directing the respondents 3 to 5 to restore the electricity Service Connection Nos.24 and 25 in the name of Molasi Lift Irrigation Cooperative Society Limited, Molasi, Tiruchengode Taluk, Namakkal District. 3. The learned counsel appearing on behalf of the petitioners had stated that some of the petitioners are members of the Molasi Lift Irrigation Cooperative Society Limited (hereinafter called `the Society') and the other petitioners are not members of the said society, however, their parents were members of the said society. Due to the vagaries of the monsoon the members of the Society were drawing water from the Cauvery River for irrigating their agricultural lands. Due to certain regulations introduced by the Government of Tamilnadu many of the agriculturists in the area concerned, including the petitioners and their parents, had joined together to form the Society. After the Society had been registered it was provided with electricity service connection, in S.C.Nos.24 and 25. The members of the Society, who were having lands in a number of villages, were drawing water by using 55 electricity motors. The electricity service connections granted in the name of the Society was in existence for more than 23 years. 4. The learned counsel had further submitted that due to the illegal quarrying of the respondents 7 to 9, the electricity lines had been disturbed. Further, due to the barrage dam constructed by the Public Works Department there has been stagnation of water in the nearby lands. In such circumstances, the respondents 3 to 5 had disconnected the electricty service connections, in S.C.Nos.24 and 25, granted in the name of the Society. In such circumstances, the petitioners have preferred the present writ petition before this court, praying that this court may be pleased to direct the respondents 3 to 5 to restore the electricity service connections, in S.C.Nos.24 and 25, in the name of the Molasi Lift Irrigation Cooperative Society Limited. 5. Counter affidavits have been filed on behalf of the 5th and the 7th respondents . It has been stated that the writ petitioners have not disclosed their identity and their nexus with the Molasi Lift Irrigation Cooperative Society Limited. 5. Counter affidavits have been filed on behalf of the 5th and the 7th respondents . It has been stated that the writ petitioners have not disclosed their identity and their nexus with the Molasi Lift Irrigation Cooperative Society Limited. Further, they have not given the survey numbers of the lands in which the electricity poles were to be installed. It has been further stated that due to the construction of Bhavani Kattalai Barage-III, vast extent of lands including the lands belonging to the family members of the 7th respondent, in S.No.296/5 and 297/3, had been submerged. Therefore, they were not in a position to utilize the water from the river as they could not install electrical poles, as well as the motor and pump sets. 6. The learned counsels appearing on behalf of the respondents had submitted that the petitioners have no locus standi to demand that the electricity service connections, in S.C.Nos.24 and 25, ought to be restored. The petitioners had not shown, by furnishing the relevant records, that they are members of the Molasi Lift Irrigation Cooperative Society Limited or that their parents were members of the said Society. Further, the electricity service connections were in the name of the Society and therefore, it is not open to a few members of the said Society to demand that the electricity service connections, in S.C.Nos.24 and 25, should be restored. It is for the Society to make an appropriate request to the authorities concerned for the restoration of the service connections in question. As such, the demand made by the petitioners, in the present writ petition, is devoid of merits and therefore, the writ petition is liable to be dismissed. 7. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, it is noted that the claims made on behalf of the petitioners have not been substantiated with sufficient evidence. The relevant records have not been furnished before this court to show that the petitioners were members of the Society in question or that their parents were its members. Further, if there was disconnection of the electricity service connections, in S.C.Nos.24 and 25, due to certain reasons, it is for the Molasi Lift Irrigation Cooperative Society Limited to approach the authorities concerned, with the appropriate applications, to restore the service connections. Further, if there was disconnection of the electricity service connections, in S.C.Nos.24 and 25, due to certain reasons, it is for the Molasi Lift Irrigation Cooperative Society Limited to approach the authorities concerned, with the appropriate applications, to restore the service connections. It is not for the individual members to demand that the authorities should restore the electricity service connections. Further, it has not been shown as to how the petitioners are directly aggrieved by the disconnection of the electricity service connections, in S.C.Nos.24 and 25. The relevant particulars regarding the agricultural lands possessed by the petitioners have not been furnished before this Court. In such circumstances, the relief prayed for by the petitioners, in the present writ petition, cannot be granted. As such, the present writ petition filed by the petitioners is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.