M. Neetha Reddy v. Tamil Nadu Electricity Board rep. by its Chairman
2012-06-21
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has filed this writ petition praying for a writ in the nature of mandamus directing the Chairman Tamil Nadu Electricity Board to grant electricity connection to the building developed by the petitioner. 2. The petitioner purchased the property on 27.3.1992 from one E.C.George, through his Power Agent V.J.Chocko and obtained patta in her name. She is in possession and enjoyment of the vacant land. The petitioner undertook construction of new residential building consisting of 11 dwelling units, at Plot.No.36, 1st Main Road, Ramappa Nagar, Perungudi Village, Chennai – 96 on 25.9.2008, after paying developmental charges of Rs.22,000/- on 11.9.2008. 3. After the completion of the building, the petitioner applied to the authorities for grant of electricity connection to the building. The electricity connection has been refused to the petitioner, only on the ground that the petitioner should get No Objection Certificate from Chennai Metropolitan Development Authority. 4. The learned counsel for the petitioner vehemently contends that it is not open to the Electricity Board to deny the electric connection, merely for want of no objection certificate from the Chennai Metropolitan Development authority. 5. In support of this contention, the learned counsel for the petitioner placed reliance on the Government Instruction issued vide G.O.Ms.No.112, Energy (B1) Department, dated 05.7.2004, vide which the earlier instruction directing that no connection can be granted without No objection Certificate stood withdrawn, in view of the coming in to force of Electricity Act 2003. 6. The learned counsel for the petitioner, also placed reliance on the Hon`ble Division Bench Judgment of this Court, in Writ Appeal No.1368 of 2007 (Chairman, Tamil Nadu Electricity Board v. P.Sivakuma) decided on 20.4.2009, wherein, this Court has laid down, that the Electric connection cannot be denied for want of No Objection Certificate, if there are only minor violation, and no floor violation. 7. It is an admitted case of the parties, that there are only minor violation in the construction, and no major Floor violation which could disentitle the petitioner the Electric and Water supply and Sewage connection. The Chennai Metropolitan Development Authority has statutory powers to deal with the violations in building and take necessary action for removal of violation by following due process of law, including demolishing of building. 8.
The Chennai Metropolitan Development Authority has statutory powers to deal with the violations in building and take necessary action for removal of violation by following due process of law, including demolishing of building. 8. The action of the respondent, therefore, is prima-facie contrary to provisions of Electricity Act 2003, as also against the authoritative pronouncement of this Court therefore cannot be sustained in law. 9. For the reasons stated, the writ petition is allowed. The respondent Tamil Nadu Electricity Board is directed to give Electric connection to the petitioner, after complying with the necessary formalities, without insisting on no Objection Certificate. Needless to say, that this order shall not bar the Chennai Metropolitan Development Authority to take action for violation in the building, in accordance with law, if so advised. No costs. Consequently, connected Miscellaneous petition is closed.