A. Muthusamy v. Assistant Engineer, Tamil Nadu Electricity Board, K. T. C. Nagar, V. M. Chathiram, Tirunelveli
2009-08-17
T.S.SIVAGNANAM
body2009
DigiLaw.ai
ORDER All the six writ petitions are taken up together for disposal, since the issue involved is common. 2. The prayer in the writ petitions is for issuance of a mandamus to direct the respondent to provide electricity connection for the petitioners residential premises. 3. Admittedly, the land on which the petitioners had constructed their residential house has been acquired by the Government for a housing scheme of the Tamil Nadu Housing Board during the year 1992. The petitioners are said to have constructed houses three years ago and. now they are seeking for electricity service connection. Earlier, when a threat of demolition was there, the petitioners approached this Court by filing W.P. Nos. 7083, 7088, 7084, 7086, 7085 and 7087 of 2009 respectively and the Division Bench of this Court by order dated 29.7.2009 had granted interim injunction for a period of two weeks. The learned counsel for the petitioners submits that the writ petitions are still pending and the interim orders continue to be in force. 4. The learned counsel for the petitioners submits that since no steps have been taken for implementing the scheme of the Housing Board, request for re-conveyance is also pending. 5. The issue to be considered in the present writ petitions is as to whether the respondent can refuse to grant power supply to the petitioners' residential premises. In Chapter 6 of the Tamil Nadu Electricity Distribution Code, the Terms and Conditions for Supply of Electricity has been contemplated. Code 27(1) of the Tamil Nadu Electricity Distribution Code, would be relevant, which deals with requisitions for supply of energy. In terms of Code 27(1)(1) of the Tamil Nadu Electricity Distribution Code, it is incumbent that every distribution license, shall, on an application by the owner or occupier of any premises, give supply or electricity to such premises, within one month after receipt of the application requiring such supply. 6. Admittedly, the petitioners are not the owners of the land on which the houses were constructed and the lands are now vested with the Tamil Nadu Housing Board. Therefore, at best they could be considered as encroachers.
6. Admittedly, the petitioners are not the owners of the land on which the houses were constructed and the lands are now vested with the Tamil Nadu Housing Board. Therefore, at best they could be considered as encroachers. This contingency has been taken care under Code 27(2)(4) of the Tamil Nadu Electricity Distribution Code which reads as follows; "An intending consumer who is not the owner of the premises he occupies shall produce a consent letter in Form 5 of Annexure III to this Code from the owner of the premises for availing the supply. If the owner is not available or he refuses to give consent letter, the intending consumer. shall produce proof of his/her being in lawful occupation of the premises and also execute en indemnity bond in Form (sic) 6 of the Annexure III of this Code indemnifying the licensee against any loss on account of disputes arising out off effecting service connection to the occupant and acceptance to pay security deposit twice the normal rate." 7. Clause 27(2)(12) of the Tamil Nadu Electricity Distribution Code states that supply shall be given in poromboke land on production of necessary documents as per the directive from the Government from time to time. 8. An identical issue under the erstwhile Tamil Nadu Electricity Code, 1910 and the terms and conditions, framed thereunder, came up for consideration before this Court. This Court in a decision in (2003) WLR 248 has held that in terms of Clause 6.04 of the terms and conditions of supply of electricity, electricity connection could be granted on execution of indemnity bond in the form prescribed by the Board. It was also made clear that merely because of the power supply given, it would not confer the ownership over the disputed land. 9. The ratio of the above said decision would apply to the case on hand. Admittedly, the petitioners are not the owners of the land and in terms of Clause 27(2)(4) of the Tamil Nadu Electricity Distribution Code as stated supra, the respondent board can consider the application of the petitioners for electricity supply and grant the same after obtaining the indemnity bond and other fees.
Admittedly, the petitioners are not the owners of the land and in terms of Clause 27(2)(4) of the Tamil Nadu Electricity Distribution Code as stated supra, the respondent board can consider the application of the petitioners for electricity supply and grant the same after obtaining the indemnity bond and other fees. In that view of the matter, there shall be a direction to the respondent board to consider the petitioners request for service connection in terms of Code 27(2)(4) of the Tamil Nadu Electricity Distribution Code and grant electricity supply, after obtaining the indemnity bond in the statutory form and required fees, within a period of three weeks from the date of receipt of a copy of this order, if their applications otherwise found to be in order. It is made clear that mere grant of electricity supply would not confer any right over the petitioners in respect of the land in question. 10. In the result, the writ petitions are disposed of accordingly. No costs. Petition disposed of.