1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 24.11.2011 CORAM :: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)Nos.12997, 13005, 13012 to 13016 of 2011 and M.P.(MD)Nos.1,1,1,1,1,1 and 1 of 2011 K. Samuthira Raj .... Petitioner in WP.12997/11 S.Gopal Nadar .... Petitioner in WP.13005/11 A.Parameswari ... Petitioner in WP.13012/11 Y.Gnanadurai ... Petitioner in WP.13013/11 K.Senthilvel ... Petitioner in WP.13014/11 S.M.Anandakrishnan ... Petitioner in WP.13015/11 A.Sivasubbaiah Vivekananda ... Petitioner in WP.13016/11 – Vs - The Assistant Engineer (Distribution), Tamilnadu Generation and Distribution Corporation (Formerly known as TNEB), V.M.Chatharam, Tirunelveli - 11. ....1st Respondent in WP.12997 and WP.13005/11 The Superintendent of Engineer, Tamilnadu Electricity Board, K.T.C.Nagar, V.M.Chathiram Maharaja Nagar Post, Tirunelveli District. ...1st Respondent in WP.13012 TO 13016/2011 The Assistant Engineer, Tamilnadu Electricity Board, K.T.C.Nagar, V.M.Chathiram Maharaja Nagar Post, Tirunelveli District. ... 2nd Respondents in WP.13012 TO 13016/2011 The Executive Engineer, Tamilnadu Housinb Board, Tirunelveli Division, Tirunelveli. ...2nd Respondent in WP.12997 & 13005/11 ...3rd Respondent in WP.13012 to 13016/11 Prayer in WP.No.12997 and 13005 of 2011 Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent in Lr.No.VuPo/Vee/Na/V.Mu.Sa/Ko.Vi.Manu/A.Ea 810/11 dated 18.08.2011, and Lr.No.VuPo/Vee/Na/V.Mu.Sa/Ko.Vi.Manu/A.Ea.No.691/11 dt.25.07.2011 and quash the same as illegal and consequentially direct the first respondent to provide electricity connection to the petitioner residential home situated at Plot No.211/2, Vivekananda Nagar, Keelanatham Village, Plot No.32, Ashok Nagar, Keelanatham https://hcservices.ecourts.gov.in/hcservices/ 2 Village on payment of necessary charges. Prayer in WP.13012 TO 13016/2011 Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified Mandamus to call for the records pertaining to the impugned order in Ka.No.UPO/V/N/V Mu.Sa/Co Manu/AA 1028/11 dated 3.11.2011, Ka.No.UPO/V/N/V Mu.Sa/Co Manu/AA 903/11 dated 16.09.2011, Ka.No.UPO/V/N/V Mu.Sa/Co Manu/AA 847/11 dated 24.08.2011, Ka.No.UPO/V/N/V Mu.Sa/Co Manu/AA 1017/11 dated 01.11.2011, in Ka.No.UPO/V/N/V Mu.Sa/Co Manu/AA 1029/11 dated 3.11.2011, on the file of the 2nd respodnent respectively and quash the same as illegal and consequently directing the 2nd Respondent to provide Electricity connection to the petitioner's house in Survey No.145/1 situated at Plot Nos.100 and 101, Vivekananda Nagar, Keezhnatham Village, Palayamkottai Taluk, Tirunelveli District, Survey No.168/2 situated at Plot No.7, Christian Nagar 'A' Colony, Keezhanatham Village, Palayamkottai, Tirunelveli District Survey Nos.143/1 situated at Plot No.165, Vivekananda Nagar, Keezhanatham Vilage, Palayamkottai, Tirunelveli District, Surve No.143/1 situated at Plot No.168, Vivekananda Nagar, Keezhanatham Vilage, Palayamkottai Taluk, Tirunelveli District and Survey No.145/1 situated at Plot No.103, Vivekananda Nagar, Keezhanatham Vilage, Palayamkottai, Tirunelveli District respectively. For Petitioners :: Mr. M. Ajmal Khan in W.P.(MD)Nos.12997 and 13005 of 2011 Mr. T. Lajapathi Roy in W.P.(MD)Nos.13012 to 13016 of 2011 For Respondents :: Mr. G. Kasinathadurai for R-1 in W.P.(MD)Nos.12997 and 13005 of 2011 and for R-1 and R-2 in W.P.(MD)Nos.13012 to 13016 of 2011 Mr. S. Gopalamanikandan for R-2 in W.P.(MD)Nos.12997 and 13005 of 2011 and for R-3 W.P.(MD)Nos.13012 to 13016 of 2011 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.Ajmal Khan, Mr. T. Lajapathi Roy, learned counsel appearing for the petitioners, 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 https://hcservices.ecourts.gov.in/hcservices/ 3 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. 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 / Electricity Board 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 / Electricity Board to grant electricity service connection to the residences of the petitioners, without prejudice to the rights of the second respondent / Housing Board 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 recognizing 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 four (4) weeks from the date of receipt of a copy of this order. It is open to the Housing Board to take appropriate action, in a manner known to law. As and when they take action, their rights will be determined independently of the electricity service connection granted to the petitioners. 6. These writ petitions are disposed of on the above terms. No costs. Consequently the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Assistant Engineer (Distribution), Tamilnadu Generation and Distribution Corporation (Formerly known as TNEB), V.M.Chatharam, Tirunelveli - 11. 2. The Superintendent of Engineer, Tamilnadu Electricity Board, K.T.C.Nagar, V.M.Chathiram Maharaja Nagar Post, Tirunelveli District. 3. The Assistant Engineer, Tamilnadu Electricity Board, K.T.C.Nagar, V.M.Chathiram Maharaja Nagar Post, Tirunelveli District. 4. The Executive Engineer, Tamilnadu Housinb Board, Tirunelveli Division, Tirunelveli. +1cc to Mr.G.Kasinathadurai, Advocate, Sr.No.41302 W.P.(MD)Nos.12997, 13005, 13012 to 13016 of 2011 and M.P.(MD)Nos.1,1,1,1,1, 1 and 1 of 2011 DPN/- SMA/12.12.2011/6C/4P https://hcservices.ecourts.gov.in/hcservices/