M. P. Muthusamy v. Executive Engineer Operation & Maintenance Tamil Nadu Electricity Board
2013-07-17
M.JAICHANDREN
body2013
DigiLaw.ai
JUDGMENT :- 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents 1 and 2 to grant agricultural electricity service connection to the well, in S.F.No.60/4B, Thevur Village, Salem District, by giving effect to the proceedings of the first respondent, dated 21.10.2005, without insisting on a 'No Objection' certificate from the third respondent and the others, who are co-sharers in the well in question. 2. The learned counsel appearing for the petitioner had submitted that the first respondent had issued the proceedings, dated 21.10.2005, stating that the petitioner was entitled to get the agricultural electricity service connection, as per his application, dated 7.1.1988. The first respondent had also informed the petitioner that he should get ready to fulfill the necessary conditions for the granting of the agricultural electricity service connection. However, the third respondent, who is the brother of the petitioner, had objected to the granting of the agricultural electricity service connection to the petitioner, at the time of the inspection of the well in question. Therefore, the first and the second respondents have refused to grant the agricultural electricity service connection in favour of the petitioner, in respect of the well situated in S.F.No.60/4B, Thevur Village, Salem District. 3. The learned counsel appearing for the petitioner had also submitted that the petitioner would make an attempt to get the 'No Objection' certificate from the co-sharers of the well in question, including the third respondent and thereafter, approach the authorities concerned for obtaining the agricultural electricity service connection, in respect of the well in question. 4. Per contra, the learned counsel appearing for the first and the second respondents had submitted that the petitioner ought to obtain a 'No Objection' certificate from the co-sharers of the well before the agricultural electricity service connection is granted in favour of the petitioner in respect of the well in question, as per the Regulation 27(2) of the Tamil Nadu Electricity Distribution Code, 2004. Since the petitioner had not obtained such a 'No Objection' certificate from the co-sharers of the well including the third respondent, the agricultural electricity service connection could not be granted in favour of the petitioner, in respect of the well in question, inspite of the proceedings of the first respondent, dated 21.10.2005. 5.
Since the petitioner had not obtained such a 'No Objection' certificate from the co-sharers of the well including the third respondent, the agricultural electricity service connection could not be granted in favour of the petitioner, in respect of the well in question, inspite of the proceedings of the first respondent, dated 21.10.2005. 5. The learned senior counsel appearing for the third respondent had submitted that the petitioner seeks to grant the agricultural electricity service connection, in respect of the well in question, situated in S.F.No.60/4B, Thevur Village, Salem District. The third respondent is one of the co-sharers in the said well. As such, the third respondent is not willing to give the 'No Objection' certificate in favour of the petitioner. Further, he had also objected to the drawing of the overhead electricity lines across the land belonging to the third respondent. 6. The learned senior counsel appearing for the third respondent had also submitted that the present writ petition filed by the petitioner is belated in nature, as the petitioner seeks to implement the proceedings of the first respondent, dated 21.10.2005, inspite of subsequent communication having been issued by the first respondent, dated 30.8.2010. As such, the relief prayed for by the petitioner in the present writ petition, is devoid of merits and therefore, the writ petition is liable to be dismissed. 7. In view of the submissions made by the learned counsels appearing for the parties concerned, and on a perusal of the records available, this Court is of the considered view that the relief prayed for by the petitioner cannot be granted. 8. It is noted that the agricultural electricity service connection cannot be granted by the first and the second respondents, without obtaining a 'No Objection' certificate from the third respondent and the other co-sharers in the well in question. 9. It is an admitted fact that the third respondent had not granted the 'No Objection' certificate, in favour of the petitioner, for the grant of agricultural electricity service connection, in respect of the well in question. 10. From the reading of Regulation 27(2) of the Tamil Nadu Electricity Distribution Code, 2004, it is clear that the agricultural electricity service connection cannot be granted without a 'No Objection' certificate being obtained from the co-sharers of the well in question.
10. From the reading of Regulation 27(2) of the Tamil Nadu Electricity Distribution Code, 2004, it is clear that the agricultural electricity service connection cannot be granted without a 'No Objection' certificate being obtained from the co-sharers of the well in question. It is also noted that the first respondent had issued a communication, dated 30.8.2010, reminding the petitioner that he has to fulfill the necessary conditions for the grant of the agricultural electricity service connection, as prayed for by him. 11. It is not in dispute that the petitioner had not fulfilled the necessary conditions, as stipulated under Regulation 27(2) of the Tamil Nadu Electricity Distribution Code, 2004. In such circumstances, the writ petition filed by the petitioner is devoid of merits and therefore, it is liable to be dismissed. Hence, it is dismissed. However, it is made clear that if the petitioner is able to get the consent of the co-sharers in the well in question, it would be open to him to approach the authorities concerned, for the grant of agricultural electricity service connection, as prayed for by him. No costs. Connected M.P.No.1 of 2010 is closed.