K. Samuel Madhavaraj v. Superintending Engineer, Tamil Nadu Electricity Board
2014-08-06
S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner has filed this writ petition for the issuance of a Writ of Mandamus, directing the third respondent to give domestic electricity connection to the petitioner's House situated in Old No.3/42A; New No.3/39, Vembuli Amman Koil Street, Thirusoolam, Chennai-600 043. 2. Heard Ms.N.Valliammal, learned counsel appearing for the petitioner and Mr.P.Gunaraj, learned Standing Counsel appearing for respondents 1 to 3. 3. The case of the petitioner is that he has purchased the property from one Jothi, wife of Balan, who is the fourth respondent herein and from that day onwards, he was paying the house taxes. The petitioner also applied for an electricity service connection to the said premises. The petitioner stated that one Samboornam, the mother of the fourth respondent, has made objection for giving electricity connection to the petitioner as the electric wire passes through her land and the petitioner was asked to identify a different pathway to effect electricity service connection or to get no objection certificate from the owner of the pathway. The petitioner stated that on 16.8.2011, the fourth respondent has given no objection as sought for by the third respondent stating that it is only the common pathway and no one has the right to make an objection and till date, the petitioner has not been effected with the service connection. The case of the petitioner is that he is residing in a hill area where she is living with her minor child and many insects entered the house of the petitioner and if service connection is not given, the family of the petitioner will put to great hardship. The petitioner further stated that electricity connections shall be given by obtaining indemnity bond as per the provisions of Clause 27 (4) of the Tamil Nadu Electricity Distribution 2004, which is extracted below:- “27. Requisitions for Supply of Energy.--- (1) .. .. .. .. .. .. .. (4) An intending consumer who is not the owner of the premises he occupies shall produce a consent letter in Form 5 of Annexure III to this Code from the owner of the premises for availing the supply.
Requisitions for Supply of Energy.--- (1) .. .. .. .. .. .. .. (4) An intending consumer who is not the owner of the premises he occupies 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 he 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 licensee 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.” 4. The petitioner made a representation on 16.8.2011, but he has been made to run from pillar to post, but no electricity service connection was effected. The petitioner stated that the Government has obligation to every citizen to provide a dignified life as enunciated under Article 21 of the Constitution of India and right to life includes electricity as one of the basic needs of the citizen. The petitioner further contended that refusal to give domestic electricity service connection to the house of the petitioner by the respondents is illegal. Since the petitioner has no other alternative remedy, the petitioner is before this Court by way of this writ petition. 5. The third respondent has filed a detailed counter contending that one Samboornam, who is the mother of the fourth respondent herein, raised an objection vide her letter dated 19.4.2011 stating that service connection wires should not cross her property as her property is situated in front of the petitioner's premises. On verification, the Electricity Board found that Samboornam is the owner of the property located in front of the petitioner's property and the service wires have to pass only through the passage alleged to have been owned by the abovesaid Samboornam and not a common passage as stated by the writ petitioner. 6. The petitioner, in reply, stated that he is entitled to service connection, more particularly, in terms of Clause 27 (6) of the Tamil Nadu Electricity Distribution Code 2004, which is extracted below:- “27. Requisitions for Supply of Energy.--- (1) .. .. .. .. .. .. .. (2) .. .. .. .. .. .. ..
6. The petitioner, in reply, stated that he is entitled to service connection, more particularly, in terms of Clause 27 (6) of the Tamil Nadu Electricity Distribution Code 2004, which is extracted below:- “27. Requisitions for Supply of Energy.--- (1) .. .. .. .. .. .. .. (2) .. .. .. .. .. .. .. (6) Where the intending consumer's premises has no frontage on a street and the supply line from the Licensee'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 Licensee involving minimum cost and 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 Licensee 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.” 7. Notice has been served on all the respondents as could be seen from the cause list. The fourth respondent has not entered in appearance and none represented the fifth respondent.
Notice has been served on all the respondents as could be seen from the cause list. The fourth respondent has not entered in appearance and none represented the fifth respondent. The Electricity Board even though admitted the fact that the petitioner is the owner of the property and that he has applied for the electricity service connection and that he has produced all the documents sought for by the Electricity Board, since there is an objection from the mother of the fourth respondent viz., Sampoornam, who got impleaded as the fifth respondent in the writ petition and that the petitioner's contention that the fourth respondent has given no objection letter, the Electricity Board may consider the request of the petitioner to effect electricity service connection provided that the fourth respondent and the fifth respondent viz., P.Jothi and Sampoornam give a letter, as required by the Electricity Board, that they have no objection for effecting the electricity service connection in the petitioner's property. Such an exercise can be done by the Electricity Board, within a period of six weeks from the date of receipt of a copy of this order. 8. The writ petitioner has to comply with the norms prescribed under the Tamil Nadu Electricity Distribution Code 2004, more particularly, Clause 27 (6). In case, the objection from the fifth respondent viz., Samboornam persists and if she is able to establish that she is the owner of the property, the consequential order can be passed by the Electricity Board based on the letter to be given by Samboornam. 9. The writ petition is disposed of on the above terms. No costs. Consequently connected miscellaneous petition is closed.