The petitioner challenges an order, by which, his request for grant of electricity service connection to the new houses constructed by the petitioner in the land belonging to the temple, of which the second respondent is the trustee, was rejected.
2.The petitioner claims that the land in question has been leased out to the petitioner by the then trustee of the temple on 28.03.2000 for a period of thirty years. It is not averred that the said lease was approved by the Commissioner, H.R & C.E., Department, as required under Section 34 of the Tamil Nadu H.R & C.E., Act. Section 34 of the said Act declares any alienation of property by way of lease beyond a period of five years without permission of the Commissioner, H.R & C.E., Department is null and void. Therefore, the petitioner has no legal right to the occupation of the land in question. Further, the petitioner is an unregistered society and the list of members of the petitioner society has not been produced. Therefore, the petitioner has no right to maintain the writ petition under
Article 226 of the Constitution of India.
3.Hence, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
To
1.The Junior Engineer, Grade.I.
Town/West Tamilnadu Electricity Generation and \ Distribution Board, Srivilliputhur, Virudhunagar District..