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2012 DIGILAW 3702 (MAD)

K. Sivaraman v. Chairman, Tamil Nadu Electricity Board

2012-08-27

V.DHANAPALAN

body2012
Judgment :- 1. Heard Mr.G.R.Lakshmanan, learned counsel representing Mr.J.Ravi Shankar, learned counsel for the petitioner, Mr.G.Vasudevan, learned counsel for the respondents 1 and 2 and Mr.A.Thiyagarajan, learned Senior Counsel appearing for Mr.S.Ramesh Kumar, learned counsel for the third respondent. 2. The petitioner is before this Court for a direction to the respondents 1 and 2 to provide the electricity connection to the petitioner's property at No.89, Ground Floor, Palace View Apartment, Block No.2, Santhome High Road, Raja Annamalaipuram, Chennai-600 028 within a stipulated period. 3. It is the case of the petitioner that he purchased the said property and claims that his property has been assessed to property tax by Corporation of Chennai and in order to have electricity service connection, he applied to the second respondent on 16.2.2012. On receipt of the same, the second respondent has inspected the property and assessed the charges for the electricity connection and as per the direction, the petitioner has paid the amount as assessed by the second respondent at Rs.14,970/-and thereafter, there was no action on the side of the second respondent and therefore, the petitioner approached the second respondent and he was informed that the third respondent has made an objection for providing electricity service connection and therefore, the petitioner, after issuance of legal notice, finding that there is no other effective remedy, is before this Court for the above direction. 4. The respondents 1 and 2 have filed their counter affidavit, inter-alia stating that the petitioner applied for electricity service connection for three-phase commercial tariff along with the sale deed and property tax receipt. After the site inspection, estimation for an amount of Rs.14,970/- was prepared and sanctioned by the AEE/Santhome. The advice slip was issued to the intending consumer. Thereafter, on 9.3.2012, their section staff were deputed to effect the service connection in the above premises. There was an objection raised from the same premises livelihoods (other co-owners) and they protested to effect the supply and warned their staff to go out from the premises. Thereafter, on 13.3.2012, a notice was issued to the intending consumer about the protesting of the neighbour and it was intimated that the service connection will be effected after ascertaining the convenience of the neighbours. Therefore, the respondents are not concerned with the disputes between the petitioner and the third respondent. 5. Thereafter, on 13.3.2012, a notice was issued to the intending consumer about the protesting of the neighbour and it was intimated that the service connection will be effected after ascertaining the convenience of the neighbours. Therefore, the respondents are not concerned with the disputes between the petitioner and the third respondent. 5. On the above background of pleadings, learned counsel for the petitioner submitted that when there was an application for electricity service connection with the sale deed and the property tax payment receipt, it is obligatory on the part of the second respondent to consider his application and pass appropriate orders. 6. On the other hand, learned counsel for the respondents 1 and 2 contended that there is a serious objection by the other co-owners and it was protested by them not to effect the service connection, and unless there is a way leave for providing electricity service connection, it is not possible for the respondents 1 and 2 to provide such electricity service connection. Since there was an objection by the third respondent-Association, the respondents 1 and 2 could not provide service connection. 7. Mr.A.Thiyagarajan, learned Senior Counsel appearing for the third respondent would consistently plead before this Court that there are 16 flats which were sold out to the individual persons and they are in occupation of the same from 1980 and the area in question sought for by the petitioner is earmarked for car parking of the respective flat owners and therefore, they are taking all steps to move the competent Court of civil jurisdiction in respect of the petitioner's claim of the property, the car parking area, and therefore, their objection has to be considered by the second respondent while deciding the application of the petitioner seeking electricity service connection, and according to the learned Senior Counsel appearing for the petitioner, the third respondent-Association is a registered Association and they have every right to contest the matter. 8. Heard the learned counsel appearing for the parties and perused the documents annexed in the typed set of papers. 9. 8. Heard the learned counsel appearing for the parties and perused the documents annexed in the typed set of papers. 9. It is seen that the petitioner, on the strength of the sale deed dated 24.11.2011, applied for electricity service connection along with the property tax receipt issued by the Corporation of Chennai and such application has been scrutinised and thereafter, the second respondent deputed their staff to inspect the premises and the assessment was also made and the charges have also been calculated and paid by the petitioner to the tune of Rs.14,970/-. It is claimed by the petitioner that even though the amount was paid, the application was not considered by the second respondent in providing electricity service connection. In that situation, the petitioner, after issuance of legal notice to the second respondent and finding that there is no other effective remedy, is before this Court for the above direction. 10. The stand of the respondents 1 and 2 is that the petitioner's application was received and scrutinised and thereafter, inspection was also made and assessment was done for providing electricity service connection to the petitioner to the tune of Rs.14,970/- which was directed to be paid by the petitioner and such payment was made by the petitioner and thereafter, the Department deputed section staff on 9.3.2012 and however, the other co-owners objected and protested for giving electricity service connection to the petitioner and accordingly, the second respondent issued a notice on 13.3.2012 to the intending consumer about the protest of the neighbour and intimated that the service connection will be effected after ascertaining the convenience of the neighbours. In that situation, the petitioner is before this Court for the above relief. 11. In the light of the above stated position, it is to be examined as to whether the second respondent is under the obligation to consider the application of the petitioner or not. If any application is made by the intending consumer, then the second respondent is under the obligation to consider the same under Regulation 27(1) of the Tamil Nadu Electricity Distribution Code and if there is any objection, after issuance of notice to the parties concerned, then the parties concerned will be heard and thereafter, they will proceed to provide electricity service connection. The third respondent's grievance is in respect of their purchase of the flats independently and their members are in occupation from 1980 and the area in question has been earmarked for car parking and therefore, their objection has to be heard by the second respondent while considering the application of the petitioner for electricity service connection to the property in question. 12. In the light of the above, this Writ Petition is disposed of with a direction to the second respondent to consider the application of the petitioner, dated 16.2.2012, after issuance of notice to the third respondent and the parties concerned, within a period of two weeks from the date of receipt of a copy of this order and thereafter, after hearing the respective parties, pass orders on merits and in accordance with law within a period of four weeks, and while passing orders, the entire facts pleaded and the submissions made by the learned counsel for the parties in this Writ Petition are to be taken note of in the light of the disputed claim made by the parties concerned. No costs. The Miscellaneous Petition is closed.