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2013 DIGILAW 2995 (MAD)

M. Manpreeth Singh v. Assistant Engineer, Tamil Nadu Electricity Board, Chennai

2013-08-21

D.HARIPARANTHAMAN

body2013
Judgment : 1. The petitioner is a tenant occupying the premises in No.108AA, 110AA, AA Block, 4th Avenue, Shanthi Colony, Anna Nagar, Chennai-40. He is provided with Electricity Service Connection Nos.401001197 and 401001198 respectively. 2. There is a dispute between the petitioner and the 2nd respondent, namely, there is a dispute between tenant and landlord. 3. The petitioner already filed O.S.No.2364 of 2013 before the IV Assistant Judge, City Civil Court, Chennai praying for permanent injunction restraining the 2nd respondent from evicting the petitioner from the premises except by due process of law. That suit is still pending. 4. According to the petitioner, the Electricity Service Connection in 401001198 was disconnected on 12.7.2013. Apprehending that the 1st respondent may disconnect the other service connection, namely, 401001197, the petitioner has filed this Writ Petition seeking a direction to the 1st respondent to reconnect the Service Connection No. 401001198 and to restrain him from disconnecting the power supply to the Electricity Service Connection No. 401001197. 5. Heard the learned Counsel for the petitioner. 6. The learned Counsel for the petitioner has submitted that already the 1st respondent disconnected the Service Connection No. 401001198. Hence, the 1st respondent could effect disconnection in another service connection No.401001197. Hence, he has filed this Writ Petition. 7. I am not impressed with the submissions made by the learned Counsel for the petitioner in view of the effective remedy provided in the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as, 'the Act'.). Section 17 of the Act and more particularly, Section 17(3) of the Act provides for effective remedy to the tenants whenever the landlord resorts to cutting off or withholding the amenities. In fact, explanation to sub-section 3 of Section 17 gives power to the Controller to pass an interim order without giving notice to the landlord. 8. Section 17 of the Act is extracted hereunder : "17. Landlord not to interfere with amenities enjoyed by tenant: (1) No landlord shall, without just or sufficient cause, cut off or withhold or cause to be cut off or withheld any of the amenities enjoyed by the tenant or were in existence during the previous tenancy. (2) A tenant in occupation of a building may, if the landlor has contravened the provisions of this Section, made an application to the Controller complaining of such contravention. (2) A tenant in occupation of a building may, if the landlor has contravened the provisions of this Section, made an application to the Controller complaining of such contravention. (3) If the tenant satisfies the Controller that the amenities were cut off or withheld, or caused to be cut off or withheld, the Controller may pass an interim order, directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4). Explanation.-An interim order may be passed under this sub-section without giving notice to the landlord: [Provided that if the amenities are not restored within seven days from the date of the interim order, the Controller may permit the tenant to restore the amenities at his own cost and recover the cost of the expenses incurred by the tenant in respect of restoration of such amenities from the rent payable to the landlord in such monthly instalments as may be specified by the Controller.] (4) If the Controller or inquiry finds that the tenant has been in enjoyment of the amenities [or that the amenities were in existence during the previous tenancy] and that they were cut off or withheld by the landlord without just or sufficient cause or if the landlord was in any way responsible for the amenities being cut off or withheld, he shall make an order directing the landlord to restore such amenities. (5) The Controller may, in his discretion, direct that compensation not exceeding fifty rupees- (a) be paid to the landlord by the tenant, if the application under subsection (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the amenities or was in any way responsible for the amenities being cut off or withheld frivolously or vexatiously. Explanation.-In this Section, the expression 'amenities' includes supply of water, electricity, passages, staircases, light, lavatories, lifts and conservancy or sanitary services." 9. In the circumstances, the petitioner should have approached the Controller under the Act. On the other hand, he has chosen to file this Writ Petition invoking the writ jurisdiction of this Court conferred under Article 226 of the Constitution of India. 10. In the circumstances, the petitioner should have approached the Controller under the Act. On the other hand, he has chosen to file this Writ Petition invoking the writ jurisdiction of this Court conferred under Article 226 of the Constitution of India. 10. At this juncture, the learned Counsel for the petitioner has submitted that whenever the tenants approach the Controller, the interim orders are not passed immediately and therefore, the amenities are not restored immediately though there is an explanation to Section 17(3) of the Act. 11. In the circumstances, while dismissing the Writ Petition, a direction is issued to the Controller that if the petitioner approaches him, the Controller shall pass interim orders as per the explanation to Section 17(3) of the Act forthwith taking into account Section 43 of the Electricity Act, 2003. No costs. Consequently, connected Miscellaneous Petitions are also closed.