IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 21.03.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4194 of 2011 Arumugham ... Petitioner vs. 1. Assistant Accounts Officer (Incharge), Revenue Section, TANGEDCO, Tirukoilur, Villupuram Dist. 2. Assistant Executive Engineer (West), (Operation & Maintenance), TANGEDCO, Tirukoilur, Villupuram Dist. 3. Assistant Engineer, (Operation & Maintenance), TANGEDCO, Rishivindhiam, Sankarapuram Taluk, Villupuram Dist. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in Lr.No.f/vz;/cfm- tgp-jpUf;- fnk1- nfh/Rl;L- m/vz;/478- 11 ehs; 3/2/2011 (dated 3.2.2011) and quash the same and consequently direct the 3rd respondent to effect name transfer of service connection No. 340 in S.No. 239/2 at Rishivandhiam Village in favour of the petitioner. For petitioners : Mr.J. Srinivasa Mohan For respondents : Mr.P. Srinivas O R D E R This writ petition is filed to call for the records of the first respondent in Lr.No.f/vz;/cfm- tgp-jpUf;- fnk1- nfh/Rl;L- m/vz;/478- 11 ehs; 3/2/2011 (dated 3.2.2011) and quash the same and consequently direct the 3rd respondent to effect name transfer of service connection No. 340 in S.No. 239/2 at Rishivandhiam Village in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner challenges the order of the Assistant Accounts Officer refusing to effect name transfer in favour of the petitioner stating that the service connection Number is not referred to in the Court proceedings based on which, the petitioner seeks name transfer. 3. Heard Sri. J. Srinivas Mohan, learned counsel appearing for the petitioner and Mr. P. Srinivas, learned counsel appearing for the respondents. 4. The brief facts of the case are as follows:- The petitioner in this case filed a suit in O.S.No. 976 of 1997 for specific performance against one Govindan and one Rayer before the District Munsif Court-II, Kallakurichi. The said suit was dismissed, against which, he filed an appeal in A.S.No. 77 of 2004, which was decreed on 16.10.2007. Pending appeal, the said Govindan died and the legal heirs were impleaded as respondent in the appeal on 19.1.2005. Consequent to the judgment and decree in A.S.No. 77 of 2004, the petitioner herein filed E.P.No. 42 of 2010 and based on the order of the Court in the execution petition, sale deed was executed in favour of the petitioner on 21.1.2010. The suit schedule includes the land and the Well for which the service connection is effected. It is fairly accepted that the service connection number has not been referred to in the Court proceedings. Based on the sale deed executed through Court, the petitioner sought for name transfer in terms of Rule 5 Sub Clause 7 of the Tamil Nadu Electricity Supply Code 2004, which reads as follows:- " (7) Name transfer charge Every application for transfer of name consequent to the death of the consumer shall be in Form 1 accompanied by - (a) legal heirship certificate from the Tahsildar concerned or proof of ownership such as local body tax receipts (latest); (b) no objection certificate from other legal heirs, if any, (or) an indemnity bond in Form 3 in Appendix to this Code on non-judicial stamp paper for a value of Rs.80/- and a sworn-in affidavit and authenticated by a Notary Public or by a Gazetted Officer to show the status of other legal heirs; © fresh application with fee to be specified by the Commission and agreement form. Every application for transfer of name, in other cases, shall be in Forms 1 and 2 in Appendix to this Code accompanied by - (a) the document supporting the transfer with an undertaking in Form 4 in Appendix to this Code; https://hcservices.ecourts.gov.in/hcservices/ (b) consent letter from the consumer for the transfer of the security deposit. Where no such consent letter can be produced, the applicant shall pay fresh security deposit; © fresh application with fee to be specified by the Commission and agreement form. Explanation : - the name transfer is effected only for such services which are not under disconnection. " (emphasis supplied) The respondents rejected the claim of the petitioner stating that the service connection number has not been referred to in the court proceedings and hence the writ petition. 5. The learned counsel for the petitioner pleads that the entire property including the well has been conveyed to him through the sale deed and the service connection standing in the name of Govindan would stand transferred to petitioner automatically consequent to the sale deed executed. The fact remains that the said Govindan expired during the pendency of the appeal and the legal heirs are brought into records in the appeal to contest the same. Therefore, the petitioner is entitled to transfer of name in the service connection. There is no legal bar. 6. Clause 7 of Rule 5 of the Tamil Nadu Electricity Supply Code states that the application in form-I will have to be filed for considering the name transfer and the documents required for the same is the document supporting the transfer (i.e.) the sale deed in favour of the person seeking name transfer. The petitioner has given the application in Form-I along with the sale deed executed through Court and the same has been rejected by the respondents without considering the said provisions. 7. Thiru P. Srinivas, learned counsel appearing for the respondents states that the service connection is effective as on today and is relatable to the Well, which is the subject matter of the sale deed executed through Court pursuant to the judgment passed by the Appellate Court in A.S.No. 77 of 2004 and the order passed in E.P.No. 42 of 2010, dated 21.1.2010. 8. Considering these above two aspects, and since the requirements of Clause 7 of Rule 5 of Tamil Nadu Electricity Supply Code has been complied with in a claim for transfer and taking note of the fact that the service connection still stands in the Well, which is the subject matter of the sale deed executed by order of Court, the petitioner is entitled to name transfer subject to the condition that the authority will be entitled to re-look into the issue if a claim is made by the legal heirs as per law. https://hcservices.ecourts.gov.in/hcservices/ 9. The impugned proceedings is therefore set aside and the respondents authority are directed to effect the name transfer within a period of one month from the date of receipt of a copy of this order in accordance with the Rules applicable. This writ petition is ordered as above. Consequently, M.P.No. 1 of 2011 is closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1. The Assistant Accounts Officer (Incharge), Revenue Section, TANGEDCO, Tirukoilur, Villupuram Dist. 2. The Assistant Executive Engineer (West), (Operation & Maintenance), TANGEDCO, Tirukoilur, Villupuram Dist. 3. The Assistant Engineer, (Operation & Maintenance), TANGEDCO, Rishivindhiam, Sankarapuram Taluk, Villupuram Dist. 1 cc To Mr.J.Srinivasamohan, Advocate, SR.20280. 1 cc To Mr.P.Srinivas, Advocate, SR.20430. WP No. 4194 of 2011 BVR(CO) RVL 11.04.2011 https://hcservices.ecourts.gov.in/hcservices/