1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)Nos.4790, 5667, 7588, 8153 and 8202 of 2011 And M.P.(MD) Nos.1, 1, 1 1 and 2 of 2011 M.Sivaprakash : Petitioner in WP 4790/2011 S.Sivalingam : Petitioner in WP 5667/2011 C.Arputha Kirupasanam : Petitioner in WP 7588/2011 K.Esaiah Judes : Petitioner in WP 8153/2011 C.Innasi : Petitioner in WP 8202/2011 vs. 1.The Superintendent of Engineer, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M.Chathiram, Maharaja Nagar (Post), Tirunelveli District. 2.The Assistant Engineer, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M.Chathiram, Maharaja Nagar Post, Tirunelveli District. 3.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli Division, Tirunelveli. : Respondents in WP 4790/2011 1.The Superintending Engineer, Tamil Nadu Electricity Board, Tirunelveli. 2.The Assistant Engineer, Distribution Wing, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M.Chatram, Tirunelveli-11. .. Respondents in WP 5667/2011 1.The Assistant Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation (Formerly known as TNEB), V.M.Chathiram, Tirunelveli-11. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli, Tirunelveli District. .. Respondents in WP 7588/2011 (R-2 impleaded as per order of Court dt.15.7.2011 in M.P.No.2 of 2011) 1.The Assistant Engineer, Tamil Nadu Electricity Board, KTC Nagar, V.M. Chathiram, Tirunelveli. 2.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli Division, Tirunelveli. .. Respondents in WP 8153/2011 1.The Assistant Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation (Formerly known as TNEB), V.M.Chathiram, Tirunelveli-11. 2.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli, Tirunelveli District. .. Respondents in WP 8202/2011 WP (MD) No.4790/2011: Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Ka.No.UPo/V/N/VMu.Sa/Co/AA 202/11 dated 3.3.2011 on the file of the respondent No.2 and quash the same as illegal and consequently directing the respondent No.2 to provide Electricity Connection to the petitioner's house located in Plot No.16, Survey No.172/2, Muthu Nagar 'A' Colony, Keelanatham Village, Palayamkottai Taluk, Tirunelveli District. WP (MD) No.5667/2011: Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Ka.No. UoPo/ Vi/Na/ Vi.Mu.Sa/ Ko.Manu/A.Ea.374/11 dated Nil.4.2011 on the file of the respondent No.2 and quash the same as illegal and consequently directing the respondent No.2 to provide with the Electricity Connection to the petitioner's land property at Plot Nos.123 and 124 for an extent of 8.26 cents at "Ashok Nagar" Keela Natham Village, Palayamkottai Taluk. WP (MD) No.7588/2011: Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned https://hcservices.ecourts.gov.in/hcservices/ 3 order in Ka.No. UoPo/ Vi/Na/ Vi.Mu.Sa/ Ko.Manu/A.Ea.485/11 dated 2.6.2011 on the file of the respondent No.1 and quash the same as illegal and consequently directing the respondent No.1 to provide with the Electricity Connection to the petitioner's residential home situated at Plot No.249, Vivekanantha Nagar, Keelanatham Village on payment of necessary charges. WP (MD) No.8153/2011: Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Mandamus, directing the first respondent to provide electricity connection to the petitioner's house located in Plot No.125 of Vivekanandar Nagar, Survey No.144, Keelanatham Panchayat, Palayamkottai, Tirunelveli District. WP (MD) No.8202/2011: Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Ka.No. UoPo/ Vi/Na/ Vi.Mu.Sa/ Ko.Manu/A.Ea.556/11 dated 23.6.2011 on the file of the respondent No.1 and quash the same as illegal and consequently directing the respondent No.1 to provide with the Electricity Connection to the petitioner's residential home situated at Plot No.96, Ashok Nagar, Keelanatham Village on payment of necessary charges. For Petitioner in all Wps : Mr. M.Sankar, Mr.M.S.Sulaiman for Mr.M.Ajmal Khan, Mr.T.Lajapathi Roy and Mr.K.Viralinathan. For Electricity Board : Mr.G.Kasinathadurai, Standing Counsel. For Housing Board : Mr.S.Gopala Manikandan, Standing Counsel. C O M M O N O R D E R The only prayer of the petitioners in all these writ petitions is to direct the Electricity Board to provide residential service connection to the houses constructed by them. 2. Heard Mr.M.Sankar, Mr.M.S.Sulaiman, Mr.T.Lajapathi Roy and Mr.K.Viralinathan learned counsel appearing for the petitioners and Mr.G.Kasinathadurai, learned Standing Counsel for the Electricity Board and Mr.S.Gopala Manikandan, learned Standing Counsel for the Housing Board. 3. The fact that the petitioners in these writ petitions have put up small residential tenements is not in dispute. But the claim of the Housing Board is that on the land owned by the Tamil Nadu Housing Board, the petitioners have put up constructions of residential tenements. The claim of the Electricity Board is that unless the Housing Board gives no objection, they will not be in a position to grant service connection. Therefore, the petitioners are before this Court. https://hcservices.ecourts.gov.in/hcservices/ 4 4. However, Section 43(1) of the Electricity Act, 2003 obliges the Distribution Licensee (Formerly Tamil Nadu Electricity Board and presently Tamil Nadu Generation and Distribution Corporation) to supply electricity to a premises, on an application by the owner or occupier. Though para 27(4) of the Tamil Nadu Electricity Supply Code, indicates that the intending consumer shall produce either the consent letter of the owner or proof of being in lawful occupation of the premises, the issue as to whether a person is in lawful occupation or not, is something which Tamil Nadu Generation and Distribution Corporation, cannot decide by conducting any enquiry. In all these cases, the petitioners rely upon Sale Deeds. Therefore, it is not possible for the Electricity Board to conduct an enquiry into the title of the parties. 5. In such circumstances, I am of the view that the first respondent should be directed to supply electricity service connection to the houses of the petitioners, without prejudice to the claim for ownership made by the Housing Board. Therefore, all these writ petitions are disposed of, directing the first respondent to grant electricity service connection to the residences of the petitioners, without prejudice to the rights of the second respondent subject to the petitioners complying with such other conditions as are prescribed by the Electricity Supply Code and upon payment of necessary charges. However, the grant of service connection shall not be taken to be recognising the title of the petitioners to the properties in question. Upon the petitioners complying with the other conditions, the first respondent shall provide service connection, within a period of 4 weeks from the date of receipt of a copy of this order. 6. The writ petitions are disposed of on the above terms. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Engineer, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M.Chathiram, Maharaja Nagar (Post), Tirunelveli District. 2.The Assistant Engineer, Tamil Nadu Electricity Board, K.T.C. Nagar, V.M.Chathiram, Maharaja Nagar Post, Tirunelveli District. https://hcservices.ecourts.gov.in/hcservices/ 5 3.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli Division, Tirunelveli. 4.The Assistant Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation (Formerly known as TNEB), V.M.Chathiram, Tirunelveli-11. +Two Ccs to M/s.M.Ajmalkhan, Advocate, SR.Nos.36256,36257 +One Cc to M/s.S.Gopalamanikandan, Advocate, SR.No.36396 +One CC to M/s.T.Lajapathi Roy, Advocate, SR.No.36229 +One Cc to Mr.K.Viralinathan, Advocate, SR>No.36239 Svn rl/10c – 3.11.2011 WP(MD) Nos.4790, 5667, 7588 8153 and 8202/2011 https://hcservices.ecourts.gov.in/hcservices/