R. Balu vs The Tahsildar and The Managing Director/Chairman Tamil Nadu Slum Clearance Board

P. Jyothimani, J.—Heard Mr. L. Chandra kumar, learned Counsel for the Petitioner and Ms. P. Kavitha, learned Government, who has taken notice on behalf of the Respondents. By consent, the writ petition itself is taken up for final disposal.

The writ petition is for a direction against the first Respondent-Tahsildar to issue "No Objection Certificate" for obtaining electricity connection in respect of the house at No. 10, Sevanthipoo Street, Ezhil Nagar, Kodungaiyur, Chennai-600 118 comprised in Survey Nos. 3850 and 3860, Tondiarpet Village, Chennai.

It is the case of the Petitioner that the Petitioner has been living in the said place by putting up construction for the past 30 years and he has also been paying the necessary F.C.R. levied upon him under the Land Encroachment Act, 1905, as seen from the various receipts issued by the Tahsildar, Fort-Tondiarpet Taluk Office.

The claim of the Petitioner in respect of issuance of patta by the Tahsildar is still pending. Inspite of the fact that the Petitioner has been in possession for the past so many years, the electricity connection has not been given on the ground that the first Respondent-Tahsildar has not issued the "No Objection Certificate" for the same. If the Petitioner is in possession for more than 30 years occupying the place in a residential area, unless and until, the Respondents take appropriate action for eviction in the manner known to law, the Petitioner is certainly entitled for the electricity connection, which forms part of right to live under Article 21 of the Constitution of India. To lead a life with human decency the supply of electricity is necessary and the conferment of the same is a duty cast upon the authority concerned.

Considering the above facts and circumstances of the case, this writ petition is disposed of, with a direction against the first Respondent-Tahsildar to issue necessary "No Objection Certificate" for the purpose of electricity connection in respect of the house at No. 10, Sevanthipoo Street, Ezhil Nagar, Kodungaiyur, Chennai-600 118 comprised in Survey Nos. 3850 paa and 3860, Tondiarpet Village, Chennai, however, subject to various conditions imposed in accordance with law. It is made clear that conferment of electricity connection with "No Objection Certificate" from the first Respondent-Tahsildar, does not confer the Petitioner with any right over the property. Such "No Objection Certificate" shall be issued by the first Respondent-Tahsildar within a period of four weeks from the date of receipt of a copy of this order. No. costs.