M. K. R. Parani v. Chairman, the Tamil Nadu Generation & Distribution Corporation Limited
2015-10-05
R.SUBBIAH
body2015
DigiLaw.ai
ORDER 1. The Writ Petition has been filed praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide electricity connection to the petitioners lands situated in S. No. 92/2B1 Puliyampatti Village, Palani Taluk, Dindigul District, based on application dated 12.11.2014 submitted by the petitioner within the time limit fixed by this Court without insisting on a No objection Certificate from the sixth respondent Panchayat. 2. The case of the petitioner is that the lands in S. No. 92/2B1, 92/3B, 90/1B2B, 90/2A1, 91/1B2B and 91/2A1, Puliyampatti Village, Palani Taluk, Dindigul District belongs to the petitioner and patta No. 704 was assigned to the said lands. The petitioner is in absolute possession and enjoyment of the said properties. On 29.6.2013, the petitioner had applied for electricity connection with the respondent electricity Board under Special Scheme for agriculture which excludes the erection charges. By proceedings dated 10.10.2014, the Village Administrative Officer, Puliyampatti group had also certified that there is no borewell within 100 meters of radius. Accordingly, the application of the petitioner was forwarded to the second respondent the Executive Engineer for approval, who in turn, had stated that the application for electricity connection could be considered only under the regular scheme instead of Special Scheme for Agriculture. On receipt of the same, the petitioner once again applied for electricity connection under the regular scheme vide application dated 12.11.2014. However, the application of the petitioner was kept pending by the respondent electricity board on the ground that subsequent to the application one bore-well had been erected by the sixth respondent within 100 meters of radius. 3. While the situation stood thus, one Subramanian, who is the President of Puliyampatti Panchayat had given a request to the respondent Electricity Board for shifting of electrical line which passes through his broiler poultry and through the lands of the petitioner. The respondent electricity board directed him to pay the shifting charges. Since electrical line was passing through the lands of the petitioner too, it is alleged that the said Subramanian threatened the petitioner and compelled the petitioner also to contribute towards shifting charges. The petitioner has refused to pay the shifting charges. However, the said subramanian managed to shift the electrical line by getting NOC. 4. While so, out of the vengeance with the petitioner, the sixth respondent is giving trouble to the petitioner by misusing his powers.
The petitioner has refused to pay the shifting charges. However, the said subramanian managed to shift the electrical line by getting NOC. 4. While so, out of the vengeance with the petitioner, the sixth respondent is giving trouble to the petitioner by misusing his powers. At the time of making application for electricity connection, there was no bore-well within the radius of 100 meters. In this regard, the Village Administrative Officer had also given NOC. The respondent electricity board having kept the same pending for more than six months is now saying that they are not in a position to provide electricity connection because already there is a bore-well within the radius of 100 meters. It is further averred in the affidavit that the petitioner possesses vast agricultural lands for which the petitioner needs electricity connection. However, without acting on the application in time, now they say that within the radius of 100 meter there is a bore-well and therefore, they could not process the application of the petitioner. Thus, the petitioner has come up with the present Writ Petition for the relief stated supra. 5. The sixth respondent has filed a detailed counter affidavit inter alia stating that the sixth respondent Panchayat in the year 2013 due to scarcity of water forced by the village people had decided to dig the bore well in S. No. 240 situate at Puliayampatti Village and a resolution was also passed in this regard on 24.10.2013. As per the said resolution, two bore wells were dug and two pump-set motors for which the sixth respondent has applied for the electricity connection and the same was also given vide electricity connection Nos. 1203 and 1204 on 27.11.2013. Suppressing the said fact, the petitioner has managed to get the Certificate from the fifth respondent stating that no bore-well had been erected within 100 meters radius. The Certificate clearly shows that the petitioner's bore-well had been erected within 100 meters radius. Further, the bore-well situated in S. No. 240 in Puliyampatti Village is the only source of drinking water to the village people. Thus, he prayed for the dismissal of the Writ Petition. 6.
The Certificate clearly shows that the petitioner's bore-well had been erected within 100 meters radius. Further, the bore-well situated in S. No. 240 in Puliyampatti Village is the only source of drinking water to the village people. Thus, he prayed for the dismissal of the Writ Petition. 6. When the matter is taken up for consideration, the learned counsel for the petitioner in reiterating the statement made in the affidavit that the Village Administrative Officer is the competent authority to issue a No objection Certificate and that the sixth respondent has no authority to object for grating electricity connection to the petitioner. 7. The respondents were put on notice on the above-said submission made by the learned counsel for the petitioner. 8. In view of the above, I am of the considered view that when the Village Administrative Officer is the competent authority who has already given no objection certificate to the petitioner, I do not find any authority or reason to accept the claim of the sixth respondent. Though the sixth respondent had stated that within 29 meters another bore well had been dug, for which, he has not produced any document nor any tangible evidence before this Court to substantiate his claim. Therefore, a Mandamus could be given to the respondents herein. The respondents 1 to 3 are directed to provide electricity connection to the petitioner within a period of two weeks from the date of receipt of a copy of this order, without insisting on a 'No objection Certificate' from the sixth respondent. 9. With the above direction, this Writ Petition stands disposed of. No costs, consequently, connected miscellaneous petitions are closed.