R PANEER SELVAM Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) PETITIONER is the owner of the land in S.No.172/1 situated at Kalappanaickenpatti village, Senthamangalam having purchased the same and registered sale deed dated 16.07.2001. Since then he has been in possession of the property. Patta has also been transferred by the Revenue Authorities in his favour. His name has also been entered into revenue records namely chitta and adangal. He has constructed a house in the land and in order to get electricity service connection, he applied to Tamilnadu Electricity Board the 2nd respondent. The 2nd respondent returned his application by letter dated 17.04.2009 holding that there was an objection raised by Nalantha, Indira and others and writ petition No,6192/2006 is pending in respect of extending new service connection to the petitioner. Thereafter the petitioner made a detailed representation to the respondents enclosing the copy of the order and also gave necessary documents in support of his case but no action has been taken. Hence the petitioner has filed the above writ petition for the above said prayer.

(2.) THIS writ petition is being disposed of at the admission stage itself with the consent of both the learned counsel appearing on either side.

(3.) I find force in the submissions made by the learned counsel for the petitioner. When the petitioner has applied to the respondents for service connection and the same was denied. In my considered opinion the denial on the part of the respondent board to extend the service connection to the petitioner cannot be accepted, as right to get electricity service connection is virtually a part of the fundamental rights guaranteed under Article 21 of the constitution of India, since this is very intimately connected with the right to life in the present day situation. Therefore the writ petitioner is entitled to get the electricity service connection.