V. Selvi v. Assistant Engineer, Operation & Maintenance, Muthur
2013-09-25
S.MANIKUMAR
body2013
DigiLaw.ai
Judgment : 1. The petitioner, who has constructed a house in Pappini Village, Kangeyam Taluk and assigned Door No.2/181 by the Pappini Panchayat Union, and assessed property tax, has made an application on 24.03.2012 for electricity service connection. After scrutinizing the application, the Assistant Engineer, Operation & Maintenance, TANGEDCO, Muthur, Tiruppur District, the 1st respondent vide letter dated 11.05.2012, has directed the petitioner to pay a sum of Rs.28,780/-. The said sum has been paid on 19.05.2012. Pursuant to the same, the 1st respondent has started the work to provide service connection. When they were about to carry out the lines through the posts, the Assistant Engineer, Operation & Maintenance, TANGEDCO, Muthur, Tiruppur District, the 1st respondent herein, vide letter dated 06.10.2012 has informed the petitioner that, one Minor @ T.Palanisamy, the President of Pappini Panchayat Union, the 2nd respondent herein has raised objections for erection of the posts, in front of Periyanayagi Amman Temple. He has also stated that erection of posts and electricity supply would cause hindrance, while constructing a mandapam. Alongwith the communication dated 06.10.2012, the Assistant Engineer, Operation & Maintenance, TANGEDCO, Muthur, Tiruppur District, has also enclosed a copy of the objections submitted by the Panchayat Union. According to the petitioner, the objections are made out of personal enmity. 2. The Executive Officer, Arulmighu Periyanayagiamman Thirukoil, Pappini, P.pachapalayam Post, Kangeyam Taluk, Tiruppur District, the 3rd respondent has also made similar objections. On receipt of the same, the Assistant Engineer, Operation & Maintenance, TANGEDCO, Muthur, Tiruppur District, the 1st respondent herein has not taken any steps to effect service connection, but has blamed the petitioner, stating that he has not provided any alternate way. 3. The petitioner has further submitted that as per Section 43 of the Electricity Act, 2003, he is entitled to seek for electricity service connection, to his residential house. As electricity, is an indispensable need to live, deprivation of the same would amount to violation of Article 21 of the Constitution of India. 4. In the abovesaid circumstances, the petitioner has filed the present writ petition for a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings passed in U.Mi.Po/O&M/WMuthur/No.247 dated 05.01.2013 on the file of the 1st respondent herein, quash the same and consequently direct the respondents herein, to grant Electricity Service Connection to the petitioner's house at Door No.2/181, Koolikadu, P.Pachapalayam Post, Pappini, Kangeyam Taluk, Tiruppur District.
5. In support of the above pleadings, as regards, the direction, to pay the estimated amount and additional costs, location of the posts erected, Mr.K.Govi Ganesan, learned counsel for the petitioner took this Court through the proceedings dated 06.10.2012, 17.10.2012, 20.11.2012, 20.12.2012 and 05.01.2013, respectively. 6. In addition to the above, taking this Court through the photographs enclosed at paragraph No.45 of the typed set of papers, he further added that electric posts, have been erected on the edge of the lands belonging to the 3rd respondent temple and that wires have been drawn from the power point of the licencee and to the place in between the lands belonging to the temple and that of the petitioners. 7. Referring to Regulation 29 of the Tamilnadu Electricity Distribution Code 2004, learned counsel for the petitioner submitted that the 3rd respondent, an existing consumer, is bound to provide way leave for connecting other consumers or intending consumers. According to him, when electricity is the need of the hour for survival, education and all other developmental activities, the petitioner being a poor lady cannot be deprived of electricity service connection, on the objections of the respondents 2 and 3. 8. The 2nd respondent has been served on 20.05.2013. The 3rd respondent has been served on 21.05.2013. Both of them have not filed any counter affidavit. In the earlier hearings, the 3rd respondent Temple, who sought time for filing counter affidavit has not turned up. Now the learned counsel for the 2nd respondent request, time for filing counter. One way or the other, both of them are trying to protract the proceedings. Hence, this Court is inclined to pass orders on merits. 9. The Assistant Engineer, Operation & Maintenance, TANGEDCO, Muthur, Tiruppur District, the 1st respondent in his counter has stated that the petitioner's application for new service connection was registered on 24.03.2012 vide Application N0.097031278 under Tariff I-A for a load of 1.480 KW and that a registration fees of Rs.50/- was paid. An estimate was also prepared and submitted to the Assistant Executive Engineer O&M/Muthur, for approval and that approval has also been sanctioned on 02.05.2012. 10. The petitioner was asked to pay the estimate amount of Rs.37,230/- vide letter dated 12.05.2012 and that the same was paid by the petitioner on 19,05.2012.
An estimate was also prepared and submitted to the Assistant Executive Engineer O&M/Muthur, for approval and that approval has also been sanctioned on 02.05.2012. 10. The petitioner was asked to pay the estimate amount of Rs.37,230/- vide letter dated 12.05.2012 and that the same was paid by the petitioner on 19,05.2012. According to him an additional amount was also paid towards Current Consumption Deposit: Rs.200/-; Service Connection: Rs.250/-; Meter Caution Deposit: Rs.700/-; and Development: Rs.400/- 11. Materials were provided from the stores and that the work was taken up. Poles were erected on 01.10.2012 and during LT line work, objection was received from the 2nd Respondent by a letter dated 03.10.2012, not to lay poles in the temple land and to shift the same to some other place. 12. The 3rd respondent also objected to the same by a letter dated 08.10.2012, not to lay poles in the temple land, as Pongal Mandapam has to be constructed and hence requested to shift the laying of poles. 13. After receiving the objection letters from the 2nd and 3rd respondents, the 1st respondent requested necessary revenue documents from 2nd and 3rd respondents, by letters dated 06.10.2012 and 17.10.2012 to be produced within a period of 7 days to ascertain their claim. 14. In response to the same, the 3rd respondent sent documents to prove that the place where poles were laid belongs to the temple and hence on 17.10.2012 a letter was sent to the petitioner to clear the objections. By the same letter, the petitioner was directed to ascertain, if any alternate route was available. 15. By letter dated 30.11.2012, the petitioner has requested time to clear objections. Since there was no reply, a letter dated 20.12.2012, was addressed to the petitioner stating that if no reply is received, regarding clearing of the objections within 7 days, the application, as well as the amount paid would be cancelled. There was no reply from the petitioner. Thereafter, on 05.01.2013, a letter was addressed to petitioner stating that the application has been cancelled, as no reply was received from the petitioner. In these circumstances, the petitioner has preferred the present writ petition before this Hon'ble Court. It is further submitted that the application of the petitioner has been cancelled on 05.01.2013 and that the same has been intimated to her.
In these circumstances, the petitioner has preferred the present writ petition before this Hon'ble Court. It is further submitted that the application of the petitioner has been cancelled on 05.01.2013 and that the same has been intimated to her. For the abovesaid reasons, the 1st respondent has prayed for dismissal of the writ petition. 16. Heard the learned counsel for the parties and perused the materials available on record. 17. Section 43 of the Electricity Act, reads as follows: 43. Duty to supply on request. (1) [Save as otherwise provided in this Act, every distribution licencee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licencee shall supply the electricity of such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission: Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area. [Explanation – For the purposes of this sub-section, “application” means the application completer in all respects in the appropriate form, as required by the distribution licencee, alongwith documents showing payment of necessary charges and other compliances:] (2) It shall be the duty of every distribution licencee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1): Provided that no person shall be entitled to demand, or to continue to receive, from a licencee a supply of electricity for any premises having a separate supply unless he has agreed with the licencee to pay to him such price as determined by the Appropriate Commission. (3) If a distribution licencee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default" 18. In exercise of the powers conferred under Section 86 and 46 of the Electricity Act, 2003, the Tamilnadu Electricity Regulatory Commission has framed the Tamilnadu Electricity Distribution Code vide notification No.TNERC/DC/8/61 dated 21.07.2004.
In exercise of the powers conferred under Section 86 and 46 of the Electricity Act, 2003, the Tamilnadu Electricity Regulatory Commission has framed the Tamilnadu Electricity Distribution Code vide notification No.TNERC/DC/8/61 dated 21.07.2004. The provisions of this Code have come into effect on 1st September 2004, the date on which, it was published in the Tamilnadu Government Gazette. 19. Regulation 27 deals with the requisition for supply for energy, and as per 27(4) of the regulations "An intending consumer who is not the owner of the premises 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 refuses to give consent letter, the intending consumer shall produce proof of his/her being in lawful occupation of the premises and also execute an indemnity bond in Form 6 of the Annexure III to this code indemnifying the licencee 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." 20. As per Regulation 27(6) of the Tamilnadu Electricity Distribution Code, 2004, "where the intending consumer's premises has no frontage on a street and the supply line from the licencee's mains has to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the intending consumer and such other person), the intending consumer shall arrange at his/her own expense for any necessary way leave, licence or sanction before the supply is effected. Even when the frontage is available, but objections are raised for laying lines / cables / poles through a route proposed by the licencee involving minimum cost in accordance with the technical norms, to extend supply to the intending consumer, the intending consumer shall arrange at his/her own expense necessary way leave licence or sanction before the supply is effected. Any extra expense to be incurred by the licencee in placing the supply line in accordance with the terms of the way leave, licence or sanction shall be borne by the intending consumer. In the event of way-leave, licence or sanction being cancelled or withdrawn, the intending consumer shall at his/her own cost arrange for any diversion of the service line or the provision of any new service line thus rendered necessary." 21.
In the event of way-leave, licence or sanction being cancelled or withdrawn, the intending consumer shall at his/her own cost arrange for any diversion of the service line or the provision of any new service line thus rendered necessary." 21. Regulation 29 deals with service lines. Sub regulation 5 & 6, are reproduced hereunder. "5. The consumer shall provide free of cost to the licencee adequate land/space in his/her premises, as may be considered necessary by the Engineer and afford all reasonable facilities for bringing in not only cables or overhead lines from the licencee's system for servicing the consumer but also cables or overhead lines connecting other consumers. The land/space should be at a location near the entrance to the premises and should be easily accessible to licencee's officials for inspection. 6. The consumer shall permit the licencee to install all requisite equipments such as transformers, switchgears, meter etc., and to lay necessary cables or overhead lines and to provide connections thereto on the consumer's premises and shall also permit the licencee to extend supply to other consumers through the cables, lines and equipments installed in the consumer's premises, provided that supply to the consumer in the opinion of the Engineer is not thereby unduly affected." 22. Reading of Section 43 of the Act and the regulations extracted supra, makes it clear that an owner or occupier of premises may seek for supply of electricity to such premises and within one month, from the date of receipt of the application to acquire electricity supply, the distribution licencee has to provide supply and if there is a failure to do so, the licencee shall be liable to a penalty which may extend to one thousand rupees for each day of default. However, supply of electricity is subject to the Tamilnadu Electricity Distribution Code 2004. 23. When Regulation 27(6) of the Tamilnadu Electricity Distribution Bode 2004, contemplates that when objections are raised, for laying lines, cables, poles, through a route proposed by the licencee involving minimum cost and in accordance with the technical norms, the intending consumer shall arrange at his/her own expense necessary way leave, licence or sanction before the supply is effected. Any extra expenses to be incurred by the licencee in placing the supply line in accordance with the terms of way leave, licence or sanction shall be borne by the intending consumer. 24.
Any extra expenses to be incurred by the licencee in placing the supply line in accordance with the terms of way leave, licence or sanction shall be borne by the intending consumer. 24. However, reading of Regulation 29(5), indicates that an existing consumer shall provide free of cost to the licencee, adequate land/space in his / her premises, as may be considered necessary by the Engineer and afford all reasonable facilities for bringing in not only cables or overhead lines from the licencee's system for servicing the consumer but also cables or overhead lines connecting other consumers. In the case on hand, the petitioner is not an existing consumer, but an intending consumer, who under the Electricity Act and the regulations framed, is entitled to seek for supply. The land/space should be at a location near the entrance to the premises and should be easily accessible to licencee's officials for inspection. 25. A combined reading of 27(6) and 29(5) and (6) of the regulations indicates that when the existing consumer is obligated to provide free of cost for the licencee, adequate land/space in his/her premises, as may be considered necessary by the Engineer and afford all reasonable facilities for bringing in not only cables or overhead lines from the licencee's system for servicing the consumer, but also cables or overhead lines connecting other consumers, there is no reason as to why such an obligation should not be cast upon the existing consumer, to provide the licencee adequate land / space etc., for bringing in not only cables or overhead lines from the licencee's system to an intending consumer also. 26. The term 'way leave", used in the Code, has not been defined in the Act. Hence external aid is taken from Dictionary and the meaning of the term is as follows. (i) "way leave", as per Oxford Dictionary, means a right of way granted by a landowner generally in exchange for payment and typically for purposes such as erection of telegraph wires or laying of pipes. "Licence", meansa permit from any authority to own or use something, do a particular thing or carry on a trade. "Sanction", means Official permission or approval for an action.
"Licence", meansa permit from any authority to own or use something, do a particular thing or carry on a trade. "Sanction", means Official permission or approval for an action. (ii) As per the Advanced Law Lexicon by P.Ramanatha Aiyar, "way leave" means, a right-or-way (usually created by an express grant) over or through land for the transportation of minerals from a mine or quarry - the royalty paid for such a right. (iii) As per Words and Phrases (Volume 44), the term 'way leave' means a right of way. In considering the extent to which a way leave may be used, the very object of the grant or reservation to which it is ancillary must be borne in mind, and this may involve a use of a different kind from that which was actually in contemplation at the time of grant or reservation. 27. Wayleave is a terminable licence that provides rights for an electricity company to install and retain their apparatus either underground cables or overhead lines across land. In common parlance, it can be said as permission for the way or the space, to be used by the distribution licencee to lay poles and to draw the transmission lines, to provide electricity supply to the owner or occupier of any premises. 28. Way leave is the authority under law or licence or sanction issued by the user of the land to erect poles in a person's land or premises, for the purpose of installation and retention of apparatus, erecting poles and overhead lines or underground cables, and such other incidental works. It is the right exercised by the user of the land or space to have access and to do the above works. The user of the land is not the intending consumer, who seeks for electricity supply. It is the licencee, who is the user of the land or premises. At this juncture, it is pertinent to state that as per Section 43 of the Act, every distribution licencee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply. Therefore, it would be appropriate to insist that the intending consumer has to obtain way leave, or clear any objections.
Therefore, it would be appropriate to insist that the intending consumer has to obtain way leave, or clear any objections. It is for the licencee to assess and make arrangements for the way leave or grant licence or sanction, depending upon the route, through which lines have to be drawn. 29. As per Regulation 27 of the Distribution Code, where the intending consumer's premises has no frontage on a street and the supply line from the licencee's mains has to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the intending consumer and such other person), the intending consumer shall arrange at his/her own expense for any necessary way leave, licence or sanction before the supply is effected. Even when the frontage is available, but objections are raised for laying lines / cables / poles through a route proposed by the licencee involving minimum cost in accordance with the technical norms, to extend supply to the intending consumer, the intending consumer shall arrange at his/her own expense necessary way leave licence or sanction before the supply is effected. Any extra expense to be incurred by the licencee in placing the supply line in accordance with the terms of the way leave, licence or sanction shall be borne by the intending consumer. In the event of way-leave, licence or sanction being cancelled or withdrawn, the intending consumer shall at his/her own cost arrange for any diversion of the service line or the provision of any new service line thus rendered necessary. 30. The obligation cast on the intending consumer to arrange for way leave, for any diversion of the service line, is onerous, as the intending consumer, will not be in a position to decide the direction or the route, from which the lines have to be drawn. It is for the licencee to draw the lines. 31.
30. The obligation cast on the intending consumer to arrange for way leave, for any diversion of the service line, is onerous, as the intending consumer, will not be in a position to decide the direction or the route, from which the lines have to be drawn. It is for the licencee to draw the lines. 31. As per Section 67 of the Act, a licencee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as - (a) to open and break up the soil and pavement of any street, railway or tramway; (b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway; (c) to alter the position of any line or works or pipes, other than a main sewer pipe; (d) to lay down and place electric lines, electrical plant and other works; (e) to repair, alter or remove the same; (f) to do all other acts necessary for transmission or supply of electricity. 32.
32. As per Section 67(2) of the Act (2) The Appropriate Government may, by rules made by it in this behalf, specify, - (a) the cases and circumstances in which the consent in writing of the Appropriate Government, local authority, owner or occupier, as the case may be, shall be required for carrying out works; (b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works; (c) the nature and period of notice to be given by the licencee before carrying out works; (d) the procedure and manner of consideration of objections and suggestion received in accordance with the notice referred to in clause (c); (e) the determination and payment of compensation or rent to the persons affected by works under this section; (f) the repairs and works to be carried out when emergency exists; (g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor; (h) the procedure for carrying out other works near sewers, pipes or other electric lines or works; (i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc.; (j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof; (k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works; (1) the procedure for undertaking works which are not reparable by the Appropriate Government, licencee or local authority; (m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc.; (n) the manner of restoration of property affected by such works and maintenance thereof; (o) the procedure for deposit of compensation payable by the licencee and furnishing of security; and (p) such other matters as are incidental or consequential to the construction and maintenance of works under this section. Section 67 (3) & (4) reads as follows: (3) A licensee shall, in exercise of any of the powers conferred by or under this Section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him.
(4) Where any difference or dispute [including amount of compensation under Subsection (3) arises under this section, the matter shall be determined by the Appropriate Commission." 33. When sub sections 3 and 4 of Section 67 of the Electricity Act, contemplates only payment of compensation for any damage or inconvenience that may be caused by the licencee or by anyone employed by him, the objections if any, has to be overruled. Exception can be made only to cases, where there is any gross illegality or malafide. Where any difference or dispute including of compensation arises under Sub Section (3), the matter may be determined by the appropriate commission. 34. Mr.S.K.Rameshuwar, learned counsel for the Electricity Board, has fairly admitted that no rules have been framed in specifying the cases and circumstances falling within Section 67(2) of the Act, viz., (a) (b) (c) (d). 35. In a given case, if the lands are adjacent or contiguous, and if existing consumers due to any estranged relationship or for any other ulterior motive, object to the service connection being given to the adjacent land owner or occupier or whose lands are adjacent or contiguous, then the licencee cannot shirk his responsibility to provide electricity connection to the applicant. Further, in a given case, if the overhead lines have to be drawn from the licencee system through some posts, and if any objection is made by a third party, then in such cases, the intending consumer would never get domestic supply or agricultural connection. Usage of the words 'licence' or 'sanction' in the Code, and in the absence of any rule, made in furtherance of Section 67(2) of the Act or any procedure, in the form of guidelines or instructions, placed before this Court by the Board, the inference that could be made is that it is the distribution licencee who has to issue the licence, or sanction, before the supply is effected and the intending consumer cannot be compelled to get a way leave from the adjacent or contiguous owners, when they are objecting. The provision enabling way leave or licence or sanction to be issued by the competent authority can be with reference only to the cost to be borne by the applicant, for providing electricity supply line, to an intending consumer.
The provision enabling way leave or licence or sanction to be issued by the competent authority can be with reference only to the cost to be borne by the applicant, for providing electricity supply line, to an intending consumer. As stated supra, if the lines of a consumer and an intending consumer are located parallelly, or diagonally or in any other direction for that matter and if the existing consumer objects to the supply being given to the intending consumer, then no supply can be effected. 36. When Electricity supply under Section 43 of the Electricity Code, is intended to be provided to the owner or occupier of the premises, morefully elaborated, as lawful occupant in the Distribution Code, then, it is imperative on the part of the authorities under the Tamilnadu Distribution Code to provide electricity service connection to the intending consumer, by collecting necessary costs, including the cost for availing way leave. 37. As per the abovesaid regulations, the intending consumer shall arrange at his / her own expense necessary way leave licence or sanction before the supply is effected. If way leave could not be obtained by the intending consumer, for any objections, then the authority, has to issue a licence, which means a permit to use the land/space, for erecting the poles for drawl of electricity supply or issue a sanction, which is an official permission or approval of an action by the authority or by his subordinates. An intending consumer, can only be asked to pay the extra expenses to be incurred by the licencee, in obtaining way leave. 38. Material on record shows that after considering the application, an estimate has been prepared and that a sanction order has also been issued by the Assistant Executive Engineer, Operation and Maintenance, Muthur on 2.5.2012. Necessary fees has been collected. Poles have been erected on 1.10.12 and when LT line connection was to be made, objections have been made by respondents 2 and 3. When a sanction order has been issued by the competent authority, the work as per the sanction order ought to have been carried out. Photographs produced by the petitioner also shows that the poles have been erected on the edge of the lands belonging to the temple.
When a sanction order has been issued by the competent authority, the work as per the sanction order ought to have been carried out. Photographs produced by the petitioner also shows that the poles have been erected on the edge of the lands belonging to the temple. Judicial notice can also be taken, if any constructions have to be made, sufficient space has to be left, between two constructions, for providing, easementry rights. Temple is a place of worship. The respondents 2 and 3, have made objections, on the ground that a Pongal Mandapam has to be constructed, in the temple lands. They have their own right to do so. But they cannot expect the neighbour and their families to live in darkness. In the light of the statutory provisions, discussion, this Court is inclined to overrule their objections. Under the Electricity Laws, there is a clear mandate, that the licencee has to provide, electricity supply to any applicant, who is a owner or occupier, to use or intended to use, electricity supply, within a period of one month from the date of receipt of the application, provided they satisfy the requirements. Hence, for the reasons stated supra, there shall be a direction to the Assistant Engineer, Operation and Maintenance, TANGEDCO, Muthur, the 1st respondent to provide electricity supply to the petitioner as expeditiously as possible, but not later than one month from the date of receipt of a copy of this order. If the objections persists, the 1st respondent is at liberty to seek for police assistance. 39. Before parting with the case, having regard to the submission of the learned counsel for the Electricity Board that no rules have been framed, as regards the cases and circumstances, falling within Section 67 of the Electricity Act, 2003, more particularly to clauses (a) to (d) of sub-section (1) of the said section, rules have to be framed by the appropriate Government.
At this juncture, this Court deems it fit to extract the definition of the words, "appropriate government", as defined in Section 2(5) of the Electricity Act, 2003, which is as follows: (5) "Appropriate Government" means: (a) the Central Government: (i) in respect of a generating company wholly or partly owned by it; (ii) in relation to any inter-State generation, transmission, trading or supply of electricity and with respect of any mines, oil-fields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations; (iii) in respect of the National Load Despatch Centre and Regional Load Despatch Centre; (iv) in relation to any works or electric installation belonging to it or under its control. (b) in any other case, the State Government having jurisdiction under this Act." 40. A bare reading of the rules makes it clear that except in cases, falling under Section 2(5)(1)(a) of the Act, it is for the State Government, having jurisdiction under the Electricity Act, 2003, to frame the rules, for the subject matters, enumerated in Section 67 of the Electricity Act, 2003. Therefore, in the light of the statutory provisions, this Court deems it fit to direct the licencee or the Tamilnadu Electricity Regulatory Commission, Chennai, to bring it to the notice of the State Government to frame suitable rules, as expeditiously as possible. The State Government shall frames rules and obtain necessary legislative sanction. 41. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.