Gangolli Madrasa Misbahul Uloom (Reg.) vs The Karnataka Power Transmission Corporation Limited

Dr. Vineet Kothari, J.—The petitioner-Gangolli Madrasa Misbahul Uloom, Udupi has filed the present writ petition seeking power connection from the respondent 2-Mangalore Electricity Supply Company (MESCOM).

The learned Counsel for the petitioner has urged that even though with the representation from the President of the petitioner-Society vide Annexure-F, the relevant documents were furnished to the respondent-concerned authority and an opinion of the Executive Engineer (Electrical) was given that if the necessary documents as per Regulation IV of the Electricity Supply Rules, 2006, are submitted by the applicant-Society, the case for release of power connection to the petitioner may be considered without insisting upon the "no objection" from the concerned Grama Panchayath, yet the power connection has not been given to the petitioner.

The petitioner has come to this Court on the ground that on account of an oral direction of the concerned Panchayath Development Officer that the petitioner cannot be given such power supply, it is not being so given.

Annexure-H, letter dated 26-10-2015 is addressed by the Assistant Executive Engineer (Electrical), MESCOM to the Executive Engineer (Electrical) seeking his advice about the case of the petitioner and in the said communication, the following stipulations have been made by the Assistant Executive Engineer:

"With Ref. to the above subject, it is hereby bring to your kind notice that the property in Sy. No. 44/5 of Gangolli Village as there is a Mosque building belonging to Madrasa Misbahul Uloom (R) Gangolli Village; the local body of Grama Panchayat did not issue NOC for providing electricity supply to this building. Now, being the President of this Institution by name Sri Khazi Abdul Pashith of Gangolli Village asked to provide electricity connection to the above said Mosque building, without prescribing NOC from Local body of Grama Panchayat. It was requested you in the earlier period to be given legal advise as it could be taken in what type of action in this regard. Accordingly as per order copy vide Ref. above issued by the Chief Finance Officer, MESCOM, Mangalore, which you had sent to this office. As per Electricity Supply Rules, 2006, it may be given electricity supply by obtaining necessary documents as mentioned in Regulation IV, informed by the Chief Finance Officer in this regard.

Accordingly, by providing xerox copy of pages 16 and 17 of Regulation IV of Electricity Supply Rules, 2006, as per it, if approved necessary documents suitable action will be taken for providing electricity connection to the above said building etc., was informed to the applicant in this regard.

Now, the applicant by providing the following documents, forced to be given the supply of electricity connection to their building of Prayer Mosque. (Copy is enclosed herewith).

Therefore, whether it may be given the supply of electricity connection to the above said building on the basis of these documents? And your good self kindly give legal advise in this regard:

Regarding Society registered.

RTC extract copy of the property.

Charitable instrument of non-agricultural right of the immovable property.

Yours faithfully,

Sd/-

Assistant Executive Engineer (Elcl.),

M and C, Sub-Division,

MESCOM, Byandoor."

Learned Counsel for the petitioner submitted that such documents were already furnished to the concerned authority vide Annexure-F, dated 28-7-2015.

A perusal of the said representation Annexure-F, dated 28-7-2015 in which inter alia certain case-laws have been relied upon by the petitioner, the enclosure Nos. 4 and 5 merely indicate to enclose the order of Taluka Panchayath, Kundapur, RTC and other records. However, the details of such other records complying with the Regulation IV of the Electricity Supply Rules, 2006, are not given in the said representation.

The petitioner''s case for supply of power can be considered by the Competent Authority only upon Regulation IV requirements of the said Rules, 2006 are complied with. At present, without such compliance of the said Regulations having been established by the petitioner, the petitioner cannot be permitted to seek a mandamus direction to the respondents to release the power supply to the petitioner, without insisting upon the "no objection" from the concerned Grama Panchayath. The petition therefore apparently lacks the requisite particulars and the details of the evidence purported to have been produced by the petitioner before the respondent-authorities.

In this view of the matter, the present writ petition is disposed of with liberty'' and direction to the petitioner to approach the concerned authorities of the respondent-MESCOM and produce the relevant evidence before them in terms of the Regulation IV of the Electricity Supply Rules, 2006, and the said authorities are expected to pass appropriate orders recording the satisfaction about such compliance on the part of the petitioner and even after hearing the concerned Panchayath Development Officer about his objections, if any, against the release of power supply to the petitioner and thereafter pass appropriate speaking orders in this regard.

If the petitioner complies with all the requirements in the letter and spirit of the said Regulations and Rules of 2006, it is needless to say that the respondents will sanction/release such power supply to the petitioner and in case such regulations or conditions are not complied with by the petitioner, the respondents will be at liberty to pass appropriate speaking orders.

With these observations, the petition stands disposed of. No costs.