S. RADHA Vs. DISTRICT COLLECTOR, ERODE DISTRICT

JUDGEMENT

(1.) Challenge in this writ petition is to quash the proceedings in R.C. No. 442/2013 dated 22.11.2013 of the Executive Officer, Andiyur Town Panchayat, Anthiyur, Bhavani Taluk, Erode District, addressed to the Assistant Engineer, O& M, TNEB, Anthiyur, Erode District, objecting to the grant of electricity service connection to the occupants of the land in S. No. 1616/5, measuring 32 cents. In the proceeding dated 22.11.2013, stated supra, the Executive Officer, Andiyur Town Panchayat, Anthiyur, Bhavani Taluk, Erode District, the 2nd respondent, has stated that in S.A. No. 211/98 dated 24.01.2003, the High Court has declared that the property in S. No. 1616/5 measuring 32 cents belongs to Andiyur Town Panchayat. He has also referred to the proceedings of the District Collector in Lr. No. 36614/2012/002 dated 30.08.2013, by which, the District Collector, is stated to have issued some directions, to remove the alleged encroachments.

(2.) A resolution No. 114 dated 22.11.2013, passed by the Andiyur Town Panchayat, has also been referred in the objections sent to the Assistant Engineer, O& M, TNEB, Anthiyur, Erode District. Based on the abovesaid objections, the Assistant Engineer, O& M, TNEB, Anthiyur, Erode District, has not provided domestic service connection to the petitioner and hence, the present writ petition, for a writ of certiorarified mandamus and for the consequential relief stated supra.

(3.) The Assistant Engineer, O& M, TNEB, Anthiyur, Erode District, the 3rd respondent, has filed his counter affidavit. The District Collector, Erode District, Erode, has not filed any counter affidavit in opposition.