POZHICHALUR MAKKAL NALA MUNNETRA SANGAM Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) (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 12.9.2009 by the 3rd respondent pursuant to his common notice dated 22.8.2009.) 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.) 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.