Full Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
06. 08.2015 ORDER
S RESERVED ON:
06. 08.2015 ORDER
S DELIVERED ON : .08.2015 CORAM THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.5678 of 2015 and M.P.(MD).No.1 of 2015 S.Sandeep ... Petitioner Vs. 1.The Chief Engineer, TANGEDCO, Theni, Theni District. 2.The Assistant Electrical Engineer, Rural/North, The Tamil Nadu Power Generation and Distribution Company Ltd, TAMGEDCO, N.R.T.Road, Theni 3.E.Malathy (R.3 impleaded vide court order dated 4.6.2015 in M.P.(MD).No.2 of 2015) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice issued by the second respondent in his proceedings in Ka.N.E.Mi.Po./Vu/Va/Theni/Alli/Aa N41dated 23.03.2015 and quash the same and consequently direct the second respondent to provide the electricity connection to the petitioner in his building at Door No.1369/D, Nehruji Road, Theni. !For Petitioner : M/s.Veera kathiravan For respondents : Mr.S.M.S.Johnny Basha for R.1&2 Standing Counsel for TNEB Mr.M.C.Swamy, for R.3 :ORDER
This Writ Petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice issued by the second respondent in his proceedings in Ka.N.E.Mi.Po./Vu/Va/Theni/Alli/Aa N41dated 23.03.2015 and quash the same and consequently direct the second respondent to provide the electricity connection to the petitioner in his building at Door No.1369/D, Nehruji Road, Theni.
2. The case of the petitioner is that he applied for electricity service connection to the second respondent herein to his premises on 05.01.2015, for which, the second respondent informed to the petitioner through his communication dated 23.03.2015 by stating that the building tax receipt, where the petitioner seeks electricity connection, was temporarily cancelled by the Commissioner of Theni Allinagaram Municipality. It was further informed that as soon as the said building tax receipt is restored, electricity connection would be provided to the petitioner. The building tax receipt came to be suspended on the basis of the representation given by the third respondent application dated 22.01.2015 stating that the property in question is under dispute before competent civil court. Therefore, aggrieved over the action of the Tamil Nadu Electricity Board, the petitioner is before this Court for the relief stated supra.
3. While the matter stood thus, the third respondent, namely, E.Malathy, got impleaded herself through M.P.(MD).No.2 of 2015 in W.P.(MD).No.5678 of 2015 and she has been arrayed as the third respondent herein. Pursuant to which, she has also filed a detailed counter affidavit in which she has narrated the civil suits pending between the petitioner as well as the third respondent herein. She would lay emphasis on the fact that though the petitioner has filed second appeal as against the order of the lower appellate Court, there is no stay granted by this Court. Hence, she prayed for the dismissal of this Writ Petition.
4. The learned counsel for the petitioner submitted that when the petitioner is ready to adhere the conditions of the Tamil Nadu Electricity Board and when he has specifically averred in the affidavit itself that he will not claim any right over the property in question on the strength of the electricity connection which is going to be given by the Tamil Nadu Electricity Board, there is no justification for the Board to refuse electricity service connection to the petitioner's premises on the basis of the civil suit pending between the parties. 4.1. In support of his contention, he placed reliance upon a judgment reported in 2009 (4) CTC606 A.Muthusamy Vs. The Assistant Engineer, Tamil Nadu Electricity Board to lay the emphasis of the fact that mere grant of electricity supply would not confer any right over the petitioners in respect of the land in question.
5. Per contra, for the above-said submissions, the learned counsel for the third respondent submitted that but for the illegal construction put up by the petitioner, the Tamil Nadu Electricity Board should not be insisted to grant electricity connection to the petitioner, that too, presently, when the civil forum is in favour of the third respondent. He further asserted that once the electricity connection is effected, her right would be very much affected. Apart from that the petitioner has not obtained planing permission from the competent authorities concerned. Therefore, if a direction is given to effect service connection, virtually, it would amount to legalise the illegal action of the petitioner. In support of his contention, he placed reliance upon the First Bench of this Court in an unreported judgment made in W.P.(MD).No.18898 of 2000 (batch), dated 23.08.2006. Eventually, he prayed for the dismissal of this Writ Petition.
6. Notice was ordered by this Court on 17.04.2015 and no counter affidavit has been filed by the Tamil Nadu Electricity Board.
7. I have heard the submissions made by the parties concerned and perused the materials available on record.
8. Admittedly, both the petitioner as well as the third respondent have fairly narrated the civil suits pending between them. It is seen that the civil proceedings between the parties have also come to the second appeal stage, wherein, the petitioner have not obtained any stay as against the appellate Court decree. Be that as it may, since the petitioner has specifically averred in his affidavit that he would not claim title over the property in question, except under due process of law and further, he is ready to give an indemnity bond in favour of the Tamil Nadu Electricity Board and any other conditions that may be imposed by the second respondent for providing the electricity service connection to the petitioner and further there is a provision available as per Clause 27(2)(4) of the Tamil Nadu Electricity Distribution Code, a direction is issued to the Tamil Nadu Electricity Board to consider the petitioner's request for service connection in terms of Clause 27(2)(4) of the Tamil Nadu Electricity Distribution Code and grant electricity supply, after obtaining the indemnity bond in the statutory form and required fees, if the indemnity bond is produced along with an approved plan for the building put up by the petitioner, within a period of four weeks from the date of receipt of a copy of this order, if the application of the petitioner is otherwise found to be in order. However, it is made clear that mere grant of electricity supply would not confer any right over the petitioner in respect of the land in question.
9. This Writ Petition is disposed of, in the above terms. No costs. Consequently, connected miscellaneous petition is closed. To 1.The Chief Engineer, TANGEDCO, Theni, Theni District. 2.The Assistant Electrical Engineer, Rural/North, The Tamil Nadu Power Generation and Distribution Company Ltd, TAMGEDCO, N.R.T.Road, Theni .