Heard the learned counsel for the petitioner and the learned counsel for the first and the second respondents.
2. The brief facts of the case, as stated by the petitioner, are as follows:
The petitioner is living, along with her husband, in the property situated at Plot Nos.21 and 22, Survey No.137, Sankaraperi Village, Thoothukudi Taluk and District, having purchased the said property, on 11.11.2005, from one V.A.S.R.Parameswaran. Since the date of its purchase, the petitioner and her family members are in peaceful possession and occupation of the property in question. However, the Tamil Nadu Housing Board, has been claiming that the property in Survey No.137, had been acquired and that it is in their possession from the year, 1982. However, no records are available with the Tamil Nadu Housing Board, in respect of the property in question. As the Tamil Nadu Housing Board had made its claim over the property in question, the petitioner by way of abundant caution, had requested the Secretary to Government, Urban and Housing Development Department, Chennai, to take action, under Section 48(b) of the Land Acquisition Act, 1894, as amended by the Land Acquisition Act (Tamil Nadu Amendment) Act, 1996.
3. Since no action had been taken, pursuant to the representation made by the petitioner, writ petitions in W.P.(MD) Nos.9839 to 9843 of 2007, had been filed before this Court. By its order, dated 27.11.2007, this Court had directed the respondents therein to consider and dispose of the representations of the petitioners, within a period of four months. However, the respondents had not passed the orders, as directed by this Court.
4. In the meantime the petitioner had requested the Tamil Nadu Electricity Board to grant Electricity Service Connection to her house for which house tax is also being paid with the local panchayat. A formal application has also been submitted to the second respondent, requesting for the grant of electricity service connection to the petitioner's house. However, the second respondent had rejected the request of the petitioner, on the ground that the petitioner had not obtained a no objection certificate from the Housing Board. In such circumstances, the petitioner has preferred the present writ petition before this Court, under
Article 226 of the Constitution of India.
5. It has been stated on behalf of the respondents that the land in question had been acquired by the Tamil Nadu Housing Board since 1982. The petitioner had encroached upon the land and he has also applied for an electricity service connection. In various writ petitions before this Court orders have been passed, rejecting the claims made by the petitioners therein.
6. The learned counsel appearing on behalf of the Tamil Nadu Housing Board had also submitted that, since the land in question belongs to the Tamil Nadu Housing Board, the encroachers, like the petitioner, are being evicted. The constructions put up by the encroachers are being demolished. In such circumstances, the petitioner is attempting to establish his rights by requesting for electricity service connection to the illegal constructions put up in the encroached land, without even obtaining the necessary plan approval, from the authorities concerned. The learned counsel had further stated that most of the illegal structures have already been demolished. Therefore, the writ petition filed by the petitioner is liable to be dismissed, as devoid of merits.
7. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the first and the second respondents, the second respondent is directed to grant temporary electricity service connection to the petitioner, as prayed for by her, under Rule 27 of the Tamil Nadu Electricity Distribution Code, 2004, after obtaining the necessary indemnity bond from the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that the granting of electricity service connection to the petitioner, by the Tamil Nadu Electricity Board, will not confer any additional rights or interests in the property in question, said to be in the possession and occupation of the petitioner, nor would it stand in the way of the authorities concerned, including the Tamil Nadu Housing Board, to proceed against the petitioner, in accordance with law. The electricity service connection granted to the petitioner would be, purely temporary in nature. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
csh
1.The Superintendent Engineer (S.E.), Thoothukudi Electricity Distribution Circle, Tamil Nadu Electricity Board, Thoothukudi.
2.The ASsistant Engineer, Distribution/Town/Keeloor, Tamil Nadu Electricity Board, Thoothukudi.
3. The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board Department, Tirunelveli.