IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 23.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1973 of 2006 & W.P.M.P.No.2247 of 2006 The Kurumbala Mahadevi Lift Irrigation Co-operative Society (S.No.263) Rep. by the Former President R.Periyasamy, Arasampalayampudur, Kurumbalamahadevi Village and Post, Paramathivelur Taluk, Namakkal District-637213. ...... Petitioner -Vs- 1. The Government of Tamilnadu Rep. by its Secretary to Government Energy Department, Fort St.George Chennai-9. 2. The Chairman Tamilnadu Electricity Board Anna Salai, Chennai-2 3. The Superintending Engineer, Tamilnadu Electricity Board Mettur, Salem District 4. The Assistant Electrical Engineer(Operation and Maintenance), Tamilnadu Electricity Board Jadderpalayam,Paramathi velur Taluk, Namakkal District-637213. 5.The Special Officer(S.No.263) Kurumbala Mahadevi Lift Irrigation Co-op.,Society, Office at Primary Agricultural Co-operative Bank, Kurumbala Mahadevi, Paramathivelur Taluk, Namakkal District-637213. ...... Respondents Prayer: This petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent issued in SE/Comml/EE/T/AEE.2/F.LIS/CR.No.3867/D/2002 dated 19.07.2002 and order issued in Ka.No.A.E./O&M)/J.P./Division Electricity Letter Correspondence/No.298/2005 dated 24.09.2005 by the 4th respondent and quash the same and issue a consequential direction to the respondents to extend the benefit of free supply of electricity to the members of the petitioners society. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : M/s.R.Saseetharan For Respondents : Mr.R.Murali (R1) Government Advocate. Mr.J.Ravindran (R2 to R4) Mr.M.S.Palanisamy(R5) O R D E R This Writ Petition has been filed praying for a Writ of Certiorarified Mandamus, to call for and quash the order, dated, 19.07.2002, passed by the second respondent and the order, dated , 24.09.2005 , passed by the fourth respondent, and to direct the respondents to extend the benefit of free supply of electricity, to the members of the petitioner's society. 2. This Writ Petition has been filed by the former president of the Kurumbala Mahadevi Lift Irrigation Co-operative Society (S.No.263). It has been stated that the members of the Kurumbala Mahadevi Lift Irrigation Co-operative Society, has been carrying on agricultural activities by lift irrigation. It has been submitted that the Government of Tamil Nadu had passed orders, in G.O.Ms.No.767, Public Works Department, dated, 20.04.1982, G.O.Ms.No.1711 (Public Works Department), dated, 20.08.1984 and G.O.Ms.No.1809, P.W.(Electicity), dated 31.08.1984, for the supply of free electricity to the agriculturists. As such, the members of the Kurumbala Mahadevi Lift Irrigation Co-operative Society, who are agriculturists, are also entitled for free electricity. However, the Tamil Nadu Electricity Board has been charging for the supply of electricity to the members of the society, contrary to the said Government Orders. Aggrieved by the fact that the Tamil Nadu Electricity Board, is levying charges, on the use of electricity by the members of the said society, even though they are entitled for free electricity, the petitioner has filed the present Writ Petition, on behalf of the members of the Kurumbala Mahadevi Lift Irrigation Co-operative Society, before this Court, under Article 226 of the Constitution of India. 3.At this stage of the hearing of the Writ Petition, the fifth respondent had submitted that R.Periyasamy, the Former President of Kurumbala Mahadevi Lift Irrigation Co-operative Society, cannot file the Writ Petition on behalf of the fifth respondent society and it is only the Secretary of the society, who can file the Writ Petition on behalf of the said society. It has also been pointed out that this Court, on 22.02.2010, in W.P.No.40701 of 2006, had passed an order dismissing the Writ Petition. However, it had been made clear that, it would be open to the individual members of the Society to agitate the matter in accordance with law, if they deem it fit to do so. https://hcservices.ecourts.gov.in/hcservices/ 4.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, and on perusal of the records available, this Court is of the considered view that this Writ Petition is not maintainable, since the former president of the Kurumbala Mahadevi Lift Irrigation Co-operative Society, cannot file the Writ Petition on behalf of the said society. Hence, this Writ Petition is dismissed. However, it goes without saying that it would be open to the members of the Kurumbala Mahadevi Lift Irrigation Co-operative Society to agitate the matter before the appropriate forum, in the manner known to law. No costs. Consequently connected Miscellaneous Petition closed. arr Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary to Government Government of Tamilnadu Energy Department, Fort St.George, Chennai-9. 2. The Chairman, Tamilnadu Electricity Board Anna Salai, Chennai-2 3. The Superintending Engineer, Tamilnadu Electricity Board, Mettur, Salem District 4. The Assistant Electrical Engineer(Operation and Maintenance), Tamilnadu Electricity Board Jadderpalayam,Paramathi velur Taluk, Namakkal District-637213. 5.The Special Officer(S.No.263) Kurumbala Mahadevi Lift Irrigation Co-op.,Society, Office at Primary Agricultural Co-operative Bank, Kurumbala Mahadevi, Paramathivelur Taluk, Namakkal District-637213. + 1 cc to Mr. R.Saseetharan, Advocate SR No.12422 + 1 cc to Mr. M.S. Palanisami, Advocate SR No.12702 + 1 cc to Government Pleader, SR No.12215 RSM(CO) SR/25.3.2010 Writ Petition No.1973 of 2006 https://hcservices.ecourts.gov.in/hcservices/