1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.829 of 2011 and M.P.(MD) No.1 of 2011 P.Muthiah : Petitioner Vs The Assistant Electricity Engineer(Distribution), Tamil Nadu Electricity Board, TVS Nagar, Muthupatti, Madurai - 3. : Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to quash the impugned order K.No.U.Mi.Po/Pa/TVS Nagar/Ko.Puthaar Manu/A.No.353/2010, dated 18.10.2010 on the file of the respondent and consequently direct the respondent to reactivate the electricity power supply to the petitioner's house situated at No.58A, Ayyanarpuram Main, Balarenganathapuram Kanmaikkarai Street, Madurai and electricity connection in Service No.355. For petitioner : M/s.S.M.A.Jinnah For respondent : Mr.M.Suresh Kumar Standing Counsel for TNEB ORDER By consent of both parties, the writ petition is taken up for final disposal. 2. The petitioner was earlier evicted from the premises on the ground that he has put up an unauthorised occupation. He was having a service connection, that was disconnected during that said eviction process. He has been still living in the property for more than 25 years from the time of his father and he has been paying property tax and the Public Works Department did not fully damage the property. Therefore, he filed an application seeking new service connection, but the said application was rejected seeking certain documents. Hence, he has filed the present writ petition challenging the said rejection order. 3. The petitioner would only contend that in similar circumstances, this Court has passed an order in W.P.(MD)No.7590 of 2010 (Pandu Rengan v. The Executive Engineer, TNEB and other) in which specific direction has been granted to give new service connection and based on the same, the petitioner is also entitled for the relief as prayed in the writ petition. 4. Mr.M.Suresh Kumar, learned counsel took notice for the respondent Electricity Board. He would only contend that giving a new service connection will not entitle the petitioner to enure any legal right over the property or any claim in his right and it is only for the better enjoyment. If at all, he can be given service connection only with specific condition and for the same the respondent Board had sought additional documents. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Heard both sides. 6. The petitioner is seeking a new service connection. Even though there is a building and he has been paying property tax, as there is a dispute as far as the earlier eviction is concerned, following the earlier order of this Court, which reads as follows: "4.The first respondent passed the impugned order, Mr.S.R.Singaravelu, the Section Officer of the first respondent office, who is present in this Court and on instructions submitted that the petitioner's thatched shed is available where the petitioner is now living. Thus, there is no dispute regarding the availability of the petitioner's thatched shed where the petitioner is living as of now. Even though originally, it was dismantled and after the completion of erection, the thatched shed has been put up again. The petitioner is entitled to get the electricity connection in terms of Regulation 27(1) r/w. 27(4), which reads as follows:- 27. Requisition for supply of energy:- 27(1) The provision regarding the duty of licensee as detailed in section 43 to supply electricity on request is reproduced below:- "(1) Every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that when such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission: Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area. (4) An intending consumer who is not the owner of the premises he occupies shall produce and consent letter in Form-5 of Annexure III to this Code from the owner of the premises for availing the supply. If the owner is not available or he refuses to give consent letter, the intending consumer shall produce proof of his/her being in lawful occupation of the premises and also execute an indemnity bond in Form 6 of the Annexure III to this Code indemnifying the licensee against any loss on account of disputes arising out of effecting service connection to the occupant and acceptance to pay security deposit twice the normal rate. 5.In the light of the above regulation, the impugned order is set aside, giving direction to the second respondent to reconnect the electricity service connection, which was already given in the name of the petitioner, within a period of two weeks from the date of receipt of a copy of this order. This direction issued to the first respondent to give reactivated electricity service connection to the petitioner, cannot be claimed by the petitioner for any other purpose to establish the right over the site. Accordingly, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. No costs." https://hcservices.ecourts.gov.in/hcservices/ 3 the petitioner is entitled to get electricity connection with the specific condition that by getting a service connection, he cannot claim any right for the purpose establishing his right over the property and the respondent is directed to give new electricity service connection to the petitioner within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To The Assistant Electricity Engineer (Distribution) Tamil Nadu Electricity Board, TVS Nagar, Muthupatti, Madurai-3 srm Order made in W.P.(MD)No.829 of 2011 11.03.2011 TR : 21.04.2011 : 3p/2c https://hcservices.ecourts.gov.in/hcservices/