IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.02.2011 Coram THE HON’BLE MR. JUSTICE VINOD K.SHARMA W.P.No.23756 of 2010 and M.P.No.1 of 2010 P.R.Earnarst .. Petitioner .. Vs .. 1. The Superintendent Engineer, Tamil Nadu Electricity Board, CEDC-South, Ashok Nagar, Chennai – 600 083. 2. The Divisional Engineer, Tamil Nadu Electricity Board, Guindy, Chennai – 600 032. 3. The Assistant Engineer, Tamil Nadu Electricity Board, Ramapuram Division, Chennai – 600 089. 4. The Chennai Metropolitan Development Authority, No.1, Gandhi Irvin Road, Egmore, Chennai – 600 008. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and third respondents herein to consider and provide electricity service connection to the petitioner in respective flats and for the common areas of the building on receiving applications and payments as stipulated by the Board from the Petitioner forthwith for the residential flats put up in Old No.102, New No.85, Kamarajar Salai, comprised in Old Survey No.43/2A, New Survey No.43/2A/2 Part of Ramapuram Village, Ambattur Taluk, Thiruvallur District. For Petitioner : Mr.S.Muthuraman For RR-1 to 3 : Mr.A.Selvendran For R-4 : Mr.I.Paranthaman https://hcservices.ecourts.gov.in/hcservices/ O R D E R The petitioner has invoked the writ jurisdiction of this Court, with a prayer for issuance of a writ in the nature of mandamus, directing the respondents 1 and 3, to consider and provide electric service connection to the petitioner in respective flats, and for the common areas of the building, on receiving applications and payments as stipulated by the Board. 2. The petitioner is the Managing Director of M/s.Green Peace Construction Private Limited, which is engaged in construction business. M/s.Green Peace Construction Private Limited constructed flats consisting of stilt plus 4 floors with 20 dwelling residential building bearing Old No.102, New No.85, Kararajar Salai, comprised in Old Survey No.43/2A, New Survey No.43/2A/2 Part of Ramapuram Village, Ambattur Taluk, Thiruvallur District. The flats have been sold to the customers. The allottees, who are purchaser of the flats, are unable to occupy the flats for want of electricity connection as well as the metro water and sewerage connection. 3. The case of the petitioner is that it is the duty of the petitioner to obtain service connection for all the allottees and for said purpose, an application was made on 25.08.2010 to the third respondent herein i.e., the Assistant Engineer, Tamil Nadu Electricity Board, for providing individual 20 numbers of 3 Phase service connection in the above said premises. The application was not entertained by the Assistant Engineer for want of Completion Certificate from the Chennai Metropolitan Development Authority. The petitioner has challenged the action of the respondents in not accepting the application for want of Completion Certificate from the Chennai Metropolitan Development Authority, by placing reliance on the orders passed by this Court in W.P.Nos.17640 of 2007, 19729 of 2007 and 24126 of 2007. 4. The writ petition is opposed by the learned counsel appearing on behalf of the respondents by contending that for availing the benefit of electricity connection, it is necessary for the petitioner first to obtain Completion Certificate from the Chennai Metropolitan Development Authority, in view of G.O.Ms.No.253 PWD, dated 28.02.1992. 5. The stand of the respondents cannot be accepted as vide G.O.Ms.No.112, dated 05.07.2004, the conditions imposed vide G.O.Ms.No.253, PWD, dated 28.02.1992 have been cancelled. 6. G.O.Ms.No.112, dated 05.07.2004 reads as under:- https://hcservices.ecourts.gov.in/hcservices/ "SUPPLY OF ELECTRICITY WITHOUT INSISTING PLANNING PERMISSION AND COMPLETION CERTIFIATE [(Copy of G.O.Ms.No.112, Energy (B1) Department, dated 5th July 2004)] ABSTRACT Electricity – cancellation of the conditions imposed in G.O.Ms.No.253, Public Works Department, dated 18th February 1992 regarding new power connection to buildings as per the new Electricity Act, 2003 (Central Act 36 of 2003) – Orders – Issued. ________________________________________________ Energy (B1) Department G.O.Ms.No.112 Dated 5th July 2004 Read again : Read also : 1. G.O.Ms.No.253, PWD, 28th February 1992. 2. Letter 2(D) No.7, Energy (B1) Department, dated 29.10.2002. 3. From the Chairman, Tamil Nadu Electricity Board Letter D.O. Letter No.CE/Comml/EE3/AEE.2/F. Planning Permission/D.152/2003, dated 05.09.2003. 4. From the Secretary, Tamil Nadu Electricity Regulatory Commission, Letter No.TNERC/DT/TC/F. Misc/C.163 & 164/D.318/2004, dated 07.04.2004. ORDER : In the G.O. first read above, the Chairman, Tamil Nadu Electricity Board was directed that while a person applies for the power connection, he should insist him to produce planning permission for the development along with the completion certificate issued by the authority competent to issue such certificate, whenever an application is received for power connection and if he fails to produce the planning permission and completion certificate, the Board shall refuse power connection. The orders were reiterated in the letter second read above. 2. The Chairman, Tamil Nadu Electricity Board in the reference 3rd read above has brought to the notice that consequent on the coming into force of the Electricity Act, 2003 (Central Act 36 of 2003) with effect from 10.06.2003, the conditions stipulated in the G.O. first read above cannot be imposed and requested that those conditions may be cancelled. https://hcservices.ecourts.gov.in/hcservices/ 3. The Secretary, Tamil Nadu Electricity Regulatory Commission in his letter 4th read above has also pointed out that as per Section 43 (duty to supply on request) of the new Electricity Act, 2003 (which shall dictate the functioning of the Licensee), the extension of supply cannot be denied for such of those reason covered under the G.O. first read above. 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 Section 43 (1) of the said Act, the condition stipulated in G.O.Ms.No.253, Public Works Department, dated 18.02.1992, be cancelled for the purpose of supply of electricity to the prospective consumers. 5. The Chairman, 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 charges and is ready to execute an agreement to abide by the terms and conditions of supply of electricity as may be specified, from time to time, as proposed by him." 7. The pleaded case of the petitioner is that the petitioner has completed the wiring work and is prepared to pay the required deposit amount, along with the applicable charges and is also willing to execute an agreement to abide by the terms and conditions of the supply of electricity connection. 8. The stand of the respondents, being contrary to the subsequent G.O. of the Government cannot be sustained in law. 9. For the reasons stated, this writ petition is allowed. A writ of mandamus is issued to the third respondent directing him to consider the application of the petitioner for grant of electricity service connection, in accordance with law, without insisting on Completion Certificate from the Chennai Metropolitan Development Authority. No costs. Consequently, the connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar jrl https://hcservices.ecourts.gov.in/hcservices/ To 1. The Superintendent Engineer, Tamil Nadu Electricity Board, CEDC-South, Ashok Nagar, Chennai – 600 083. 2. The Divisional Engineer, Tamil Nadu Electricity Board, Guindy, Chennai – 600 032. 3. The Assistant Engineer, Tamil Nadu Electricity Board, Ramapuram Division, Chennai – 600 089. 4. The Chennai Metropolitan Development Authority, No.1, Gandhi Irvin Road, Egmore, Chennai – 600 008. 1 cc To Mr.A.Selvendran, Advocate, SR.9068 1 cc To Mr.S.Muthuraman, Advocate, SR.8438 W.P.No.23756 of 2010 jsv(co) pmk.18.2.2011 https://hcservices.ecourts.gov.in/hcservices/