IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 01.12.2011 CORAM: THE HON'BLE MR.JUSTICE V.DHANAPALAN W.P.No.6209 of 2008 and M.P.No.2 of 2011 S.K.Sabapathy .. Petitioner Versus 1. The Tamil Nadu Electricity Board, represented by its Chairman, Chennai-02. 2. The Superintending Engineer, The Tamil Nadu Electricity Board, CEDC West, 110/33/11 KVSS Complex, Thirumangalam, Chennai. 3. The Executive Engineer, O & M, The Tamil Nadu Electricity Board, 11th Main Road, Anna Nagar, Chennai-040. 4. The Asst.Engineer, O & M, The Tamil Nadu Electricity Board, Shenoy Nagar, Chennai. .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 4th respondent pertaining to service connection bearing SE No.163-013- 75, granted to the petitioner at Door No.65, M Block, 6th Avenue, Anna Nagar, Chennai-600 040, quash the demand of Rs.3,81,684/- made by the respondent on 1.1.2008 in the electricity meter card and further to direct the respondents to immediately restore the electricity supply. For Petitioner : Mr.Abdul Quddhose For Respondents: Mr.P.Gunaraj for TNEB https://hcservices.ecourts.gov.in/hcservices/ ORDER Heard Mr.Abdul Quddhose, learned counsel appearing for the petitioner and Mr.P.Gunaraj, learned standing counsel for TNEB, appearing for the respondents. 2. In this writ petition, the petitioner has challenged the impugned demand of Rs.3,81,684/- towards current consumption charges endorsed in the meter card pertaining to the electricity service connection bearing No.SE No.163-013-75 of the petitioner premises at Door No.65, M Block, 6th Avenue, Anna Nagar, Chennai-600 040. 3. According to the petitioner, he is the owner of the above said premises and he gave the said premises to one Hon'ble Thiru Dr.K.Kalimuthu, Former Speaker of the Tamil Nadu Legislative Assembly, under a lease agreement dated 1.8.2001 and he occupied the said premises from 01.8.2001 till his death in November, 2006. After demise of the tenant, during the month of May 2007, the petitioner took the possession of the premises and then only, he came to know that for the past five years, his tenant had not paid the electricity consumption charges, which accumulated to Rs.3,81,684/- including Rs.1,70,375/- towards BPSC charges and also led to disconnecting the service connection. The grievance of the petitioner is that no prior notice was issued to him demanding the arrears of the electricity consumption charges and all along, he was under the impression that since his tenant who was none other than the Speaker of Tamil Nadu Legislative Assembly, there were no dues towards the electricity charges. Thereafter, for restoration of the electricity connection, the petitioner sent a letter dated 26.2.2008 to the second respondent agreeing to pay a sum of Rs.2,11,309/- being the arrears of electricity consumption charges under protest in 10 equal installments and also requested to waive penal charges amount to Rs.1,70,375/-. Despite receipt of the letter by the respondents on 29.2.2008, no steps were taken by the respondents, which prompted the petitioner to move this Court by filing the present writ petition. 4. On 25.3.2008, this Court having considered the entire facts and circumstances of the case and the submissions made on either side, passed the following interim order: "6. It is seen that though the tenant had admittedly committed default in the payment of the current consumption charges, no action whatsoever had been taken by the respondents to disconnect the service connection though they are entitled to disconnect the same under section 56 of the Electricity Act r/w Rule 21 of the Supply Code. Had the respondents https://hcservices.ecourts.gov.in/hcservices/ exercised their power of disconnection, the present situation would not have arisen. The liability of the petitioner to pay the B.P.S.C.has to be considered separately. Now the petitioner is willing to pay in installments a sum of Rs.2,11,309/- being the arrears of current consumption charges and seeks restoration of the disconnected electricity supply. 7. Considering the above said facts and circumstances of the case, it is just and property to permit the petitioner to pay the arrears of current consumption charges of a sum of Rs.2,11,309/- in four equal monthly installments. On the petitioner paying 25% i.e. a sum of Rs.52,827.25 together with re- connection charges, the service connection provided to the premises bearing Door No.65, M Block, 6th Avenue, Anna Nagar, Chennai-600 040 shall be reconnected and the supply shall be restored. The remaining 75% of the amount shall be paid in three equal monthly installments. The second installment shall be paid on or before 5.5.2008, the third installment shall be paid on or before 5.6.2008 and the fourth installment shall be paid on 5.7.2008. If the petitioner commits default in payment of any one of the installments, the respondents are at liberty to disconnect the service connection." 5. The learned counsel for the petitioner submitted that pursuant to the above order, the petitioner has paid the entire amount and thereafter, electricity connection has also been restored and thereby, the interim order has been complied with. 6. However, since the matter concerns with the payment of arrears of electricity consumption charges accumulated during the occupancy of the premises of the petitioner by the former Speaker of the Tamil Nadu Legislative Assembly, who is a constitutional authority, during his tenure as such, this Court, on 21.10.2011 after hearing the learned Advocate General appearing on behalf of the Tamil Nadu Electricity Board, passed the following order: "Mr.A.Navaneetha Krishnan, learned Advocate General, after going through the demand made by the Electricity Board, that too by a Assistant Engineer (O&M) Section of Shenoy Nagar, Chennai without knowing the privilege of https://hcservices.ecourts.gov.in/hcservices/ the Hon'be former Speaker of the Tamil Nadu Legislative Assembly, during his tenure of office for the period, he has been given a private accommodation and the Bill has been addressed to the petitioner's landlord, which ought to be settled by the Government of Tamil Nadu. Therefore, the Advocate General requests time to apprise the concerned authorities to settle the Bill at the earliest, if not, the learned Advocate General may inform the Court to pass appropriate orders." 7. Today, when the matter is taken up for consideration, the learned standing counsel for TNEB, produced a copy of the proceedings in Lr.No.CFC/FC/R/AO/R D.No. /11., dated 26.11.2011 of the Chief Financial Controller, regarding the waiver of BPSC charges pertaining to the premises bearing Door No.65 M Block, 6th Avenue, Anna Nagar, Chennai occupied by the Hon'ble Former Speaker Late Dr.Kalimuthu for non payment of CC charges for the period from 1.8.2001 to November, 2006. In the said proceedings, it has been stated as under: "1. The premises No.65, M Block, 6th Avenue, Anna Nagar, was occupied (rental basis) by the erstwhile Hon'ble Former Speaker Late Dr.Kalimuthu (LT SC No.163-013-75). 2. The Electricity Consumption charges for the above said rental premises occupied by him for the period from 1/8/01 to Nov'2006 had not been paid to the Board and consequently a sum of Rs.2,11,309/- had been accumulated as dues from 1.8.11 to Nov'06 and despite this the EB had not disconnected the said supply in the ground that the premises was occupied by the Honble Speaker. 3.Immediately on vacating the said premises (LTSC No.163-013-75) by late Dr.kalimuthu, the Electricity Board officials disconnected the supply on 7.8.07 which resulted in filing the WP no.6209/08 by the land lord MR.S.K.Sabapathy and as per the Electricity Board Rules, without the payment of the arrears and Belated payment Surcharge) BPSC, the Electricity supply cannot be restored. https://hcservices.ecourts.gov.in/hcservices/ 4) To get the restoration of supply the owner of the building Mr.S.K.Sabapathy had obtained a direction from the Honble High Court dt.,25.3.08 in the WP no.6209/08. The supply was restored on payment of arrears of CC charges Rs.2.11 lakhs only by 2.7.08. However the land lord yet to pay a sum of RS.1.70 lakhs BPSC as on 1.3.08. 5)When the WP was taken up for hearing, the Writ petitioners argued that if the EB officials would have been discharged their duty promptly, the said huge arrears would not have accrued as the authority shall disconnect the supply if a bimonthly payment is not paid within the stipulated time and because of the inaction on the part of the EB officials in not disconnecting supply for default in payment of Electricity Charges as above he had to suffer for the huge payment as arrears and BPSC enjoyed the erstwhile Speaker late Dr.Kalimuthu and the owner of the premises namely S.K.Sabapathy need not pay the same out of his own pocket but he had been compelled to restore the supply. 6) His Lordship Honble Justice Mr.V.Dhanapalan on 15.9.11 in a lighter vein expressed his view and informed the Standing Counsel to bring the matter to the knowledge of the Highest level in the Govt. of Tamil Nadu so as to waive the BPSC of Rs.1.70 lakhs considering the fact that the property owner had paid the arrears of CC charges of Rs.2.11 lakhs, considering the peculiar circumstances that only due to the inaction and failure on the part of the EB officials in not collecting the bimonthly CC charges in accordance with law, the innocent public had been put in to task and at least the BPSC would be waived in the ends of justice and equity otherwise the Honble High Court would pass an appropriate order to set aside the order regarding the BPSC. 7) Therefore you have requested that the above matter may be brought to the notice of the CMD with regard to the waiver of the BPSC of Rs.1.70 lakhs as expressed by the Honble High Court in this regard. https://hcservices.ecourts.gov.in/hcservices/ 8)The above request has been analyzed in detail and it has been decided to waive the BPSC amount of Rs.1,70,375/-. The Honble Court may be apprised accordingly." 8. In the light of the above, as the Tamil Nadu Electricity Board, an authority under the State Government of Tamil Nadu, has considered the views expressed by this Court in a proper perspective and taking note of the fact that the Bill in question pertains to the electricity consumption charges of the above said premises occupied by the Hon'ble Former Speaker of Tamil Nadu Legislative Assembly, the Electricity Board has passed the above order waiving the BPSC charges of Rs.1.70 lakhs. 9. The learned counsel appearing for the petitioner while accepting the gesture shown by the Electricity Board, submitted that as per earlier direction of this Court, the petitioner has already paid the said amount and in view of the present proceedings of the Electricity Board waiving the BPSC charges, the petitioner is entitled to seek for refund of the same. Hence, the learned counsel for the petitioner seeks a direction to move the authority for refund of the said amount paid by him towards BPSC charges. 10. In view of the above stated position and considering the fact that the petitioner had already paid the entire amount including the BPSC charges which were now waived by the Electricity Board, the petitioner is permitted to move the Electricity Board/respondents for refund of the BPSC charges which were already paid by him in respect of service connection bearing SC No.163-013- 75 of the premises at No.65, M Block, 6th Avenue, Anna Nagar, Chennai, by way of a representation and if any such representation is made by the petitioner, the respondents are directed to consider the same in the light of the proceedings of the Chief Financial Controller, dated 26.11.2011 and pass appropriate orders therein, within a period of four weeks from the date of receipt of the representation. With the above direction and recording the proceedings of the Chief Financial Controller, dated, 26.11.2011 waiving the BPSC charges, this Writ Petition is disposed of. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar suk https://hcservices.ecourts.gov.in/hcservices/ To 1. The Tamil Nadu Electricity Board, represented by its Chairman, Chennai-02. 2. The Superintending Engineer, The Tamil Nadu Electricity Board, CEDC West, 110/33/11 KVSS Complex, Thirumangalam, Chennai. 3. The Executive Engineer, O & M, The Tamil Nadu Electricity Board, 11th Main Road, Anna Nagar, Chennai-040. 4. The Asst.Engineer, O & M, The Tamil Nadu Electricity Board, Shenoy Nagar, Chennai. +1CC to Mr.S.Vasudevan, Advocate SR.73975 +1CC to Mr.P.Gunaraj, Advocate SR.73990 W.P.NO.6209 OF 2008 BVR(CO) KSA(20/01/2012) https://hcservices.ecourts.gov.in/hcservices/