R.NANDAKUMAR v. ESTATE OFFICER ATA/EVICTION AUTHORITY NEYVELI LIGNITE CORPORATION LTD.

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 23.01.2012CoramThe Honourable Mr.Justice VINOD K.SHARMAW.P.No. 14414 of 2011and MP.Nos. 1 and 2 of 2011 R.NANDAKUMAR ... Petitioner Vs1 ESTATE OFFICER ATA/EVICTION AUTHORITY NEYVELI LIGNITE CORPORATION LTD. NEYVELI CUDDALORE DT.2 NEYVELI LIGNITE CORPORATION LTD. CHIEF GENERAL MANAGER TOWNSHIP ADMINISTRATION NEYVELI CUDDALORE DISTRICT.3 ESTATE OFFICER/ES-11 TOWNSHIP ADMINISTRATOR NEYVELI LIGNITE CORPORATION LTD. NEYVELI.... Respondents Petition under Article 226 of the Constitution of Indiapraying to issue a writ of certiorarified mandamus calling for therecords relating to the proceedings of the 2nd respondent inLr.No.TA/ES11/2001/ E1/2011/292 dated 15.03.2011 and quash the sameand direct the respondents to restore the supply of electricity toShop SS No.4.For Petitioner:Mr.K.SukumaranFor Respondents:Mr.N.A.K.SharmaORDERThe petitioner prays for issuance of a writ in the nature ofcertiorari, to quash Lr.No.TA/ES11/2001/E1/2011/292 dated15.03.2011. The impugned order reads as under. https://hcservices.ecourts.gov.in/hcservices/ NEYVELI LIGNITE CORPORATION LIMITEDOFFICE OF THE GENERAL MANAGER/TAESTATE II SECTIONLr.No.TA/ESII/2001/E1/ 2011/292 Dated : 15/3/2011ToShri R.Nandakumar/ S.Tholkappian (R40217)No.4, Stair Case Stall, (SS4)Block – 12Neyveli – 3. Sir, Sub : No.4 Stair Case Stall, Block – 12 – Power Supply Re-connection – Reg. Ref : 1. Order of High Court in W.P.No. 27116 of 2010 & MP.No 1 of 2010 receivedon 15.2.20112. Representation dated NIL received from Shri. R.Nandakumar on 18.6.09. 3. Representation dated 29.9.2009 received from Shri R.Nandakumar on 1.10.2009. ......On scrutiny of available records, it is observedthat no letter/ representation on 21.7.2009 wasreceived from Shri. R.Nandakumar as stated in theabove referred writ petition. However two letters videref. 2nd and 3rd cited were received regardingdisconnection of power supply for the shop No. SS-4 ofMain Bazaar, Block -12. The following reply isfurnished for the above referred representations. License was issued to Shri R.Nandakumar forrunning the trade of 'Sweets Stall' in the Stair CaseStall No. 4, Main Bazaar, Block – 12, Neyveli – 3 onauction basis vide Lr. No. 8270/ES-II-3/TA/ 92 – (SS-4) dated 5.1.1993. Under Regularization of traders license, Shri.S.Tholkappian has applied for Transfer of license withadditional trades of Bakery, Milk & Tea Stall andQuarters allotted to this license in his favour.Accordingly, the revised license fee andAdministrative Charges which worked out to https://hcservices.ecourts.gov.in/hcservices/ Rs.2,63,045/- was intimated to the license forremittance. Shri.S.Tholkappian had remitted Rs.2,13,045/-only excluding the transfer charges of Rs.50,000/- forboth the license and quarter. Subsequently, thelicense was cancelled and eviction proceedings in FormA & Form B (Eviction notice) were issued. After thereceipt of Form B, Shri. S.Tholkappian had remittedthe pending amount of Rs.50,000/- vide letter dated23.6.2008. Based on the remittance of Regularizationarrears, revocation of cancellation of license wasconsidered. While the revocation of cancellation oflicense was under consideration, certain violationssuch as providing temporary plastic sheets in teastall area causing disturbance to the public andcarrying out certain modification works in thepremises without prior approval were noticed in theabove shop premises and the same was intimated to thelicensee vide Lr. No TA/ ES- II/ 2001/ E1/ 2008, dated14.8.2008 and a remainders vide (1) Lr. No. TA/ ES-II/ 2000/ E1/ 2008 dated 7.11.2009 (2) Lr.NO. TA/ES-II-1/ 2000/ 2009 dated 1.1.2009. But there was noproper response. Due to the continued violations ofcarrying out unauthorised modification works, therevocation was withheld and also the power supply tothe premises was disconnected on 9th January 2009. Meanwhile on 24.11.2008, Shri.S.Tholkappian andShri. R.Nandakumar made a representation in the form aNotarised Affidavit requesting to renew the license inthe name of Shri R.Nandakumar, the original licenseeand not to consider the transfer applied underregularisation scheme. Subsequently, in the joint representation dated3.10.2009 submitted by Shri.R.Nandakumar and Shri.S.Tholkappian, it was requested by them that theletter submitted by them on 24.11.2008 for renewal oflicense in the name of Shri.R.Nandakumar may betreated as withdrawn and it was requested for transferof license in favour of Shri.S.Tholkappian. Further itwas requested to resume the power supply, which wasdisconnected earlier for the violations. In the meantime, it had come to the notice thatone Shri. Radhakrishnan along with his family wasresiding in the Quarters allotted to the licensee Shri https://hcservices.ecourts.gov.in/hcservices/ R.Nandakumar, which amounts to subletting. Theallotment of the said quarter was in fact owing to thegrant of license to the shop. As the sublet ofquarters allotted to the licensee is a violation ofallotment conditions both under shop license andallotment of quarter. Show Cause Notice was issued on3.3.2009 followed by Cancellation Order which wasissued on 17.11.2009. Consequently, Form - A wasissued on 8.12.2009 and Eviction order (Form-B) wasissued on 2.11.2010. As mentioned above the quarterallotment was considered to the licensee only in thecapacity of the licensee of the shop. As such, theviolations committed in respect of the quarterallotted to the shop licensee is also a violation withrespect to the shop license. In view of the saidviolation, eviction proceedings under the PP Act is inprogress. It is further noticed that outstanding dues inrespect of the shop license as on 14.3.2010 isRs.1,12,452/- excluding penalty. It is a normal practice that power supply re-connection could be considered only if the licenseerectifies all the violations indicated. In view of the above, it is reiterated that solong as the violation regarding unauthorisedmodifications in the shop premises and the sublettingof the house are brought to finality and theoutstanding dues to the shop is cleared, the requestfor power supply re-connection to the shop cannot beconsidered. Shri R.Nandakumar is however provided with anopportunity to make his submission, if any, on theabove. Yours faithfully, For Neyveli Lignite CorporationSd/-Chief General Manager / TA2. Learned counsel for the petitioner challenges, the impugnedorder on the ground, that the order impugned is not in consonancewith the order passed by this Court in W.P.No. 27116 of 2010 dated1.12.2010, as the impugned order was passed without givingopportunity of hearing to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. This Court vide order dated 1.12.2010 was pleased to directas under. " In view of the limited prayer sought, thewrit petition is disposed of directing thefirst respondent to consider the representationof the petitioner dated 21.7.2009 and passorders on the same, in accordance with law andafter providing an opportunity to thepetitioner, within a period of 8 weeks from thedate of receipt of a copy of this order. Nocosts. Connected MP is closed. "4. Learned counsel for the respondents contends that the writpetition is premature, as the impugned order has been passed toprovide an opportunity to the petitioner to remove the violation,to enjoy the property along with all facilities. 5. On consideration, I find that the vide impugned order, thepetitioner has been directed to set right the violation regardingthe unauthorised modifications in the shop and evict the subtenantfrom the house. The impugned order further stipulates that thepetitioner has to pay the outstanding dues till date. The impugnedorder therefore cannot be said to be mere notice but is in fact anorder directing the petitioner to carry out remedial measuresbefore electricity is restored to the petitioner.6. On consideration, I find that unauthorised modificationsand subletting cannot be a ground for denial of electricityconnection to the petitioner, but at the same time, the petitioneris under legal obligation to pay the dues payable till date to theNeyveli Lignite Corporation Limited. 7. This writ petition is therefore disposed of by directingthe third respondent to restore the electricity connection to thepetitioner, on receipt of the outstanding dues till date. 8. It is however made clear that the third respondent shall beat liberty to take appropriate action including seeking evictionfor violation of the terms of the allotment and subletting thepremises, in accordance with law, if so advised. 9. No costs. Consequently, connected MPs are closed.bg/Sd/-Asst. Registrar//True Copy//Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To1 ESTATE OFFICER ATA/EVICTION AUTHORITY NEYVELI LIGNITE CORPORATION LTD. NEYVELI CUDDALORE DT.2 THE CHIEF GENERAL MANAGER NEYVELI LIGNITE CORPORATION LTD. TOWNSHIP ADMINISTRATION NEYVELI CUDDALORE DISTRICT.3 ESTATE OFFICER/ES-11 TOWNSHIP ADMINISTRATOR NEYVELI LIGNITE CORPORATION LTD. NEYVELI.+ 1 cc to Mr. N.A.K. Sarma, Advocate SR No.4241+ 1 cc to Mr. K. Sukumaran, Advocate SR No.4095KJI(CO)SR/9.2.2012W.P.No.14414 of 2011