1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04-11-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.9778 of 2011 And M.P.(MD) No.1 of 2011 V.V.Subramanian .. Petitioner Vs. The Assistant Engineer, TNEB, Othakkadai. .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order Ka.N.Vu.Mi.Po/ Pa/ Othakkadai/ Ko.Kattu/ A.N.466/11 dated 16.5.2011 issued by the respondent and quash the same and directing the respondent either to provide separate new EB connection for the house of the petitioner or to change the tariff from non-residential building to residential building. For Petitioner : Mr.K.Sureshkumar For Respondent : Mr.S.M.S.Johnny Basha, 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 respondent refusing to grant electricity service connection to the residential house of the petitioner. 2. Heard Mr.K.Sureshkumar, learned counsel for the petitioner and Mr.S.M.S.Johnny Basha, learned Standing Counsel for the respondent. 3. The petitioner is a Priest, employed in a Temple known as 'Nagar Aalayam'. The said Temple belongs to a Public Trust by name 'Appiya Nagendra Iyer Nagar Poojai Vagaiyara Anna Samaarathanai Dharma Trust'. As the Priest of the Temple, the petitioner has been provided with a residential quarters abutting the Temple. When the petitioner wanted a separate residential service connection, the respondent rejected the request on the ground that there is no physical segregation between the Temple and the residential house. 4. But the stand taken by the respondent is not reasonable. There is no dispute about the fact that the petitioner is a Priest in the Temple and that as a Priest in the Temple, he is occupying the residential quarters adjoining the Temple. He cannot ask for segregation. It is like the quarters attached to an Office premises. The fact that the petitioner seeks electricity service connection for a house used by him for his residence is not in doubt. Therefore, under Section 43(1) of the Electricity Act, 2003 read with Regulation 27(4) of the Distribution Code, the respondent is obliged to give electricity service connection to the residential house of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The respondent has filed a counter contending that physical segregation is necessary. But the said contention cannot be accepted in cases of this nature where a Temple Priest resides in a quarters adjoining the Temple within the premises. The respondent has also challenged the petitioner to prove his possession to be lawful. But there is no dispute about the petitioner's lawful possession. He has produced the House Tax Receipts, voter ID Card and Ration Card. Therefore, the stand taken by the respondent, cannot be accepted. 6. In view of the above, the writ petition is allowed, the respondent is directed to grant domestic service connection upon the petitioner complying the usual formalities, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed. SD DEPUTY REGISTRAR ( WRITS ) /TRUE COPY/ ASST REGISTRAR Svn To The Assistant Engineer, TNEB, Othakkadai. DM::2011:NOVEMBER:08:: W.P.(MD)No.9778 of 2011 04-11-2011 2P:2C:: https://hcservices.ecourts.gov.in/hcservices/