Madras High Court
R.Kumarasamy vs The Executive Engineer on 30 July, 2014
Author: B.Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2014
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
W.P.No.2737 of 2014
R.Kumarasamy ... Petitioner
vs.
1. The Executive Engineer
Distribution/South
Tamil Nadu Electricity Distribution
Circle, 949, E.V.N.Road
Erode.
2. The District Revenue Officer
Erode District.
3. Boomidhan Inspector
District Boomidhan Office
Erode District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to give electricity service connection to the petitioner's bore well situated in R.S.No.871 (S.F.No.1113/A1C) of Vadugapatti Village, Erode District by considering the petitioner's application dated 22.12.2010 within a time to be fixed by this Court.
For Petitioner : Mr.I.C.Vasudevan
For Respondents : Mr.S.K.Rameshwar for R1
Mr.V.Shanmugha Sundar
Government Advocate for RR2 and 3
O R D E R
The prayer in the writ petition is for the issuance of a writ of mandamus to direct the first respondent to give electricity service connection to the petitioner's bore well situated in R.S.No.871 (S.F.No.1113/A1C) of Vadugapatti Village, Erode District by considering the petitioner's application dated 22.12.2010.
2. The case of the petitioner is that originally, the property in R.S.No.871 (S.F.No.1113/A1C) of Vadugapatti Village, Erode District to an extent was allotted to his father Ramasamy Gounder by granting conditional patta and he was in possession of the same from 1953 till his death on 08.10.1989. Thereafter the petitioner, being the legal representative has been enjoying the property and is doing the cultivation work. He dug a bore well in the said land and applied for an agricultural electricity service connection before the first respondent. According to the petitioner, he also obtained No objection certificate from the other legal heirs of the said Ramasamy Gounder and produced the same before the first respondent along with other required documents. However, the same has not been considered by the first respondent. Hence, the petitioner has come forward with the present writ petition.
3. Learned counsel appearing for the petitioner submitted that the first respondent vide his proceedings dated 24.03.2011 has informed the petitioner that they have sought for an advice from the authorities concerned for providing electricity service connection to the petitioner's land as the same was allotted to the petitioner's father under conditional patta and only after obtaining the details, the petitioner's application will be considered. He would further submit by stating so, all the documents submitted by the petitioner was returned back to him. He would also state that the petitioner is running pillar to post for the past three years to get electricity service connection. However, the same was not considered by the first respondent. Accordingly, he would pray for a direction to the first respondent to provide electricity service connection by considering the petitioner's representation dated 22.12.2010 followed by the reminder dated 09.10.2013.
4. The second respondent/District Revenue Officer has filed a detailed counter affidavit admitting that originally, the petitioner's father Ramasamy Gounder was allotted the land in question by the third respondent and he was in possession and enjoyment of the said land from the year 1953 till his death in the year 1989. After the demise of the said Ramasamy Gounder, his legal heirs are entitled to get re-allotment in their name, if they are eligible. According to the second respondent, the title of the land will be with Bhoodan Board only and the enjoyment right alone will be transferred to the allottees of the Bhoodan lands. According to him, though the petitioner is in possession and enjoyment of the said land, after the death of his father, till date he has not applied for change of assignment in his name to Bhoodan Board. It was further stated in the counter affidavit that as per the letter issued by the Principal Secretary/Commissioner of Land Reforms vide No.L5/64/11(BB) dated 10.09.2012, the second respondent has to issue No Objection Certificate to the Electricity Board based on the land allotment deed for providing electricity service connection.
5. Learned Government Advocate appearing on behalf of respondents 2 and 3, by relying upon the counter affidavit filed by R2, would submit that the petitioner without even applying for change of assignment in his name before the Bhoodan Board had straightaway approached the first respondent for providing electricity service connection. He would further submit that if the petitioner obtains change of assignment from the third respondent, the second respondent have no objection to issue No Objection Certificate as per the letter dated 10.09.2012 to the first respondent for providing electricity service connection.
6. Heard both sides.
7. Admittedly, the petitioner's father was allotted the land in question by the Bhoodan Board during the year 1953 and after his death in the year 1989, the petitioner is in possession and enjoyment of the said land. However, as on date, the revenue records stand in the name of the petitioner's father alone. According to the scheme, the petitioner after the death of his father, has to apply before the Bhoodan Board for change of assignment in his name and on obtaining the same, No Objection Certificate will be issued by the District Revenue Officer to the Electricity Board for providing electricity service connection to the petitioner's land. But without following the aforesaid procedure, the petitioner has straightaway approached this Court for a mandamus to direct the first respondent to provide electricity service connection to his land.
8. Considering the facts and circumstances of the case, recording the submission made by the second respondent/District Revenue Officer in his counter affidavit, this writ petition is disposed of directing the petitioner to approach the concerned authority for getting assignment of the land in his favour and on obtaining the same, shall approach the second respondent/District Revenue Officer for issue of No Objection Certificate to the first respondent as per the letter of the Principal Secretary/Commissioner of Land Reforms dated 10.09.2012 for providing electricity service connection to his land. On such representation being made by the petitioner, the second respondent shall consider the same and pass appropriate orders, within a period of six months, thereafter. No costs.
30.07.2014 vj2 Index : Yes/No To
1. The Executive Engineer Distribution/South Tamil Nadu Electricity Distribution Circle, 949, E.V.N.Road Erode.
2. The District Revenue Officer Erode District.
3. Boomidhan Inspector District Boomidhan Office Erode District.
B.RAJENDRAN, J.
vj2 W.P.No.2737 of 2014 30.07.2014