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2014 DIGILAW 1593 (MAD)

Prasanth Fertility Research Centre (P) Ltd v. Tamil Nadu Electricity Board, Rep. by its Chairman

2014-06-19

S.VAIDYANATHAN

body2014
Judgment 1. Aggrieved by non-providing electricity service connection to the petitioners’ building, situated at Old Door No.36A (forming part of Old Door Nos.36 and 36A), Velachery Main Road, Velachery, Chennai-600042, by the respondents, the petitioners have come forward with the present writ petition. 2. According to the petitioners, the above said building was constructed after getting necessary planning permission and in accordance with rules and regulations without any major deviations and after completion of the construction of the building, they applied for electricity service connection, which was not considered by the respondents since the petitioners have not appended Completion Certificate from CMDA/5th respondent herein. 3. The learned counsel appearing for the petitioners would contend that there is no justification on the part of the respondents 1 to 4 in not providing the electricity service connection to the petitioner’s building when all the requirements under the Electricity Act and Distribution Code are complied with and insisting upon the production of Completion Certificate from CMDA. 4. On earlier occasion, this Court has considered the similar issue and passed the orders, dated 30.04.2013 in W.P.No.11649 of 2013, wherein, para 3 and 4 are relevant and they are extracted as under: “3. No doubt, previously a Government Order was in prevalence vide G.O.Ms.No.253, Public Works Department, dated 18.2.1992, by which electricity department has insisted for completion certificate from Chennai Metropolitan Development Authority (CMDA). However, the said G.O. has been given a go-by vide G.O.Ms.No.112, Energy Department, dated 05.07.2004. Paragraphs 4 and 5 of the said G.O.Ms.No.112, is usefully extracted hereunder: “4. The Government, after careful examination, direct that consequent on coming into force of the Electricity Act, 2003 (Central Act 36 of 2003) with effect from 10.06.2003 and as per Sec.43(1) of the said Act, the condition stipulated in G.O.Ms.No.253, Public Works Department, dated 18.2.1992, be cancelled for the purpose of supply of electricity to the prospective consumers. “5. The Chairman, Tamil Nadu Electricity Board is requested to ensure before effecting supply, that it is sufficient to satisfy, if the owner/occupier of the building has completed the wiring work, and paid the required deposit amount along with the applicable charge and is ready to execute an agreement to abide b y the terms and conditions of supply of electricity as may be specified, from time to time, as proposed by him.” 4. That apart, a learned Judge of this Court in W.P.No.2219 of 2012 dated 26.7.2012 held that completion certificate is not necessary for providing electricity connection. Para 4 of the order reads as follows: “4. The respondent No.4 cannot refuse the application moved by the consumer for grant of electricity connection in accordance with the provisions of Electricity Act and Distribution Code for want of completion certificate from Metropolitan Development Authority, as Chennai Metropolitan Development Authority can deal with the violation in exercise powers under the Act.” 5. The respondents are unable to substantiate their contention by showing the provisions of the Act/Code to legitimately depriving the electricity connection. Having regard to the above, the respondents 1 to 4 are directed to provide electricity service connection to the petitioners’ property on the petitioners applying for the same with required documents without insisting upon production of completion certificate from the 5th respondent/CMDA. The said exercise shall be carried out within a period of four weeks from the date on which, the petitioners approach the respondents 1 to 4 with such application along with required documents. However, it is made clear that this order would not preclude the concerned authorities to proceed against the petitioners if there are any deviations in the construction of the petitioners’ building. This Writ Petition is disposed on the above terms. No costs.