Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
2. It has been stated that the petitioner is carrying on real estate business, having his office at No.150, VI Cross, Thillai Nagar, Tiruchirapalli. He had obtained a lay out approval, in respect of the land situated in S.F.No.121/2, 2A and 120/2A, 2B, in Pandmangalam village. He had applied to the respondent Corporation for laying of roads and for providing street lights. By the communication of the respondent Corporation, dated 21.11.2003, the petitioner had been directed to pay a sum of Rs.6,60,000/- for the said purpose. The petitioner had paid the said amount, on 24.11.2003. However, the respondent Corporation had not laid the road, nor had it provided the street lights for the plots being developed by the petitioner.
3. The petitioner has also stated that, in respect of S.F.Nos. 121/2b and 139/1, he had sought for the laying of the roads and for the providing of the street lights. The respondent Corporation had asked the petitioner, by a letter, dated 15.7.2004, to pay Rs.10 lakhs, for the said purpose. The petitioner had paid the said amount on the same day. However, the respondent Corporation had failed to lay the roads and provide the streets lights, as requested by the petitioner. Further, for the lay outs, in Survey No.104/2, in Pandamangalam Village, the petitioner had deposited Rs.2,60,000/- for the formation of roads and for providing the street lights, as requested by the respondent Corporation, by its letter, dated 25.2.2004. In spite of the petitioner depositing the said amount, no action had been taken by the respondent Corporation, till date.
4. The petitioner has further stated that, in respect of TLPA No.14/2004, Palaniappa Nagar Extension, the respondent Corporation had directed the petitioner to pay Rs.60,000/- for providing the street lights. The said amount was duly deposited by the petitioner, on 8.6.2003, in the office of the respondent Corporation. Even thereafter, the respondent Corporation had not complied with the request of the petitioner.
5. While so, the Tamil Nadu Electricity Board, by its communication, dated 25.7.2005, in its Ref.No.140/2005, had requested the respondent Corporation to pay a sum of Rs.42,475/- for the additional provision of street lights to the petitioner's layout and the layouts developed by certain other persons. However, the respondent Corporation had not paid the said amount to the Tamil Nadu Electricity Board. A reminder had been sent by the Tamil Nadu Electricity Bord to the respondent Corporation in its letter, dated 1.8.2005, to pay the amounts, as requested, within a period of 30 days. Since the respondent Corporation had not paid the amounts, as claimed by the Tamil Nadu Electricity Board, a second reminder had been sent by the Tamil Nadu Electricity Board to the respondent Corporation, in its letter, dated 7.8.2006, making a revised claim. Even then the respondent Corporation had not complied with the request of the Tamil Nadu Electricity Board. While so, the respondent Corporation, by the impugned notice, dated 20.2.2009, had informed the petitioner that the request of the petitioner would be complied with only on his payment of the revised amounts shown therein. In such circumstances, the petitioner has preferred the present writ petition before this Court, under
Article 226 of the Constitution of India.
6. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner is willing to pay the revised amounts, the total of which is Rs.61,195/-, as claimed by the respondent Corporation, in its impugned notice, dated 20.2.2009, within the period specified by this Court.
7. On such submission being made by the learned counsel appearing for the petitioner, Mr.S.C.Herold Singh, the learned Government Advocate appearing on behalf of the respondent Corporation had submitted that on receipt of the said amounts, from the petitioner, the amounts due to the Tamil Nadu Electricity Board would be paid by the respondent Corporation, within the period specified by this Court, for providing the street lights, as requested by the petitioner.
8. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondent Corporation, the petitioner is directed to pay the total revised amount of Rs.61,195/- to the respondent Corporation, within a period of ten days from the date of receipt of a copy of this order and on such payment being made, the respondent Corporation is directed to pay the required amounts, as estimated by the Tamil Nadu Electricity Board, for providing the street lights. Thereafter, the Tamil Nadu Electricity Board is expected to take necessary steps for providing the street lights, as requested by the petitioner, unless there are other legal impediments to do so.
Accordingly, the writ petition is disposed of, with the above directions. No costs.
csh To The Executive Authority, Tiruchirapalli City Corporation, Commissioner, Bharathidasan Sali, Tiruchirapalli-1.