1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.12986 of 2011 and M.P(MD)No.1 of 2011 D.Rajkumar ... Petitioner Versus 1. The Executive Engineer/Urban, (Tamil Nadu Electricity Board) TANGEDCO, V.M.Chatram, Tuticorin Road, K.T.C.Nagar, Tirunelveli. 2. The Assistant Engineer, Distribution/Urban, (Tamil Nadu Electricity Board) TANGEDCO, Samathanapuram, Palayankottai, Tirunelveli. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the second respondent in letter No.Vu.Po/Na/SaMa/Ko.KadaDu/A.No.191/11, dated 05.11.2011 and quash the same as illegal and further directing the second respondent to restore the electricity in electricity connection in Agriculture Electricity Service Connection No is 010-027-3 (SDT-3) for the land in T.S.No.1335 Palayamkottai II Village, Tirunelveli District. For Petitioner : Mr.A.Abdul Kadhar for M/s.Eddy & Embboss Law Firm For Respondents : Mr.G.Kasinathadurai Standing Counsel for TNEB O R D E R The petitioner has come up with the above Writ Petition challenging an order passed by the respondents calling upon the petitioner to switch over to a different service connection from the existing agricultural service connection. 2. Heard Mr.A.Abdul Kadhar, learned Counsel for the petitioner and Mr.G.Kasinathadurai, learned Standing Counsel for the respondents. 3. The petitioner is a resident of No.12A, Old Police Hospital Street, Tirunelveli-2. The property in T.S.No.1335 measuring an extent of about 80 cents was purchased by his father under a registered sale deed dated 25.04.1959. The property has a Well. The petitioner's father obtained agricultural service connection for the said property and was enjoying the same. He died on 19.12.1985, leading to a partition of the property. 4. In the partition the petitioner got land of the extent of 31-1/2 cents and his sister got 33 cents. The petitioner claims to have planted several fruit bearing trees. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The second respondent all of a sudden served a communication dated 04.10.2011, upon the petitioner stating that since several houses have come up in the area, the service connection cannot be retained as agricultural service connection. Though the petitioner gave a reply, the respondent passed the impugned order calling upon the petitioner to change the usage to a different Tariff. Aggrieved by the said order, the petitioner is before this Court. 6. On instructions, it was stated by Mr.G.Kasinathadurai, learned Standing Counsel for the respondents that the property in question also has the residential house of the petitioner and that there are three service connections now available to the petitioner. While there is one domestic service connection in the house, there is a commercial service connection for a School in an adjoining building. For the farm located in the property the petitioner has an agricultural service connection. 7. On the above admitted facts, it can be concluded that the property cannot be taken to be purely an agricultural land, though it may fall under the category of a farm or horticultural farm. Therefore, the learned Standing Counsel for the respondents submitted that Tariff III-A could be applied to the agricultural service connection that the petitioner has. 8. The petitioner cannot have any objection to the same. The difference in Tariff between domestic and horticultural connection is not very huge. Even as per the averments contained in the affidavit, paddy is not cultivated. The farm of the petitioner has 24 Coconut trees, 4 Mango trees, 60 Banana trees, 10 Guava trees, 4 Gooseberry trees. Therefore, the offer now made to change the agricultural service connection into Tariff III-A cannot be found fault with. Therefore, this Writ Petition is disposed of directing the respondents to restore the service connection of the petitioner bearing No.010-027-3(SDT-3) and treat it under Tariff III-A henceforth. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Accounts) / True Copy / Assistant Registrar To 1. The Executive Engineer/Urban, (Tamil Nadu Electricity Board) TANGEDCO, V.M.Chatram, Tuticorin Road, K.T.C.Nagar, Tirunelveli. 2. The Assistant Engineer, Distribution/Urban, (Tamil Nadu Electricity Board) TANGEDCO, Samathanapuram, Palayankottai, Tirunelveli. PS SR : 12.12.2011 : 2p/3c W.P(MD)No.12986 of 2011 30.11.2011 https://hcservices.ecourts.gov.in/hcservices/