Sellamuthu Gounder vs The Executive Engineer, (Distribution), The Executive Engineer, The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Electricity Generation and Distribution Corporation Ltd. and S. Semalai Gounder

R. Sudhakar, J.—Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third Respondent in

and by his Letter No. AE/O&M/EP. Pudur/Construction Spl. No. /2010 dated 20.12.2010, and quash the same and consequently directing the

Respondents 1 to 3 to give agricultural service connection to the Petitioner''s Well in S.F. No. 868, Kurukupalayam Village, Kangeyam Taluk,

Tirupur District.

Mr. J. Ravindran, learned Counsel takes notice on behalf of the Respondents 1 to 3. Notice to the fourth Respondent was sent privately and

has been returned as refused. Considering the nature of order that is to be passed in this matter, further notice to the fourth Respondent is

dispensed with.

Petitioner claims to be a co-owner of the well in which he seeks agricultural electricity supply connection. The fourth Respondent is already

having a service connection and there is a pole situated adjacent to the well. On the basis of the objection raised by the fourth Respondent, the

third Respondent has denied the service connection to the Petitioner who gets it on the basis of seniority viz., his application Registration Number is

524/97-98 dated 6.12.1997. Therefore, Petitioner was called upon to give a no objection certificate from the fourth Respondent or suggest an

alternate route and to pay the appropriate cost. Challenging the same, the writ petition has been filed.

M.J. Ravindran, learned Counsel appearing for the Respondent electricity board pointed out that the reasoning given by the authority may not

be appropriate in view of the specific rule which provides for drawing of electricity service line from the nearest pole. Rule 29(5) and (6) of the

Tamil Nadu Electricity Distribution Code, 2004 specifically implores upon the board to extend the supply to the other consumers. Rule 29(5) and

(6) of the Tamil Nadu Electricity Distribution Code, 2004 reads as follows:

(5) The consumer shall provide free of cost to the licensee adequate land/space in his/her premises, as may be considered necessary by the

engineer and afford all reasonable facilities for bringing in not only cables or overhead lines from the licensee''s system for servicing the consumer

but also cables or overhead lines connecting other consumers. The land/space should be at a location near the entrance to the premises and should

be easily accessible to licensee''s officials for inspection.

(6) The consumer shall permit the licensee to install all requisite equipments such as transformers, switchgears, meters, etc., and to lay necessary

cables or overhead lines and to provide connections thereto on the consumer''s premises and shall also permit the licensee to extend supply to

other consumers through the cables, lines and equipments installed in the consumer''s premises, provided that supply to the consumer in the opinion

of the engineer is not thereby unduly affected.

In view of the specific provision in the Tamil Nadu Electricity Distribution Code 2004, which is binding on the fourth Respondent, who is also a

consumer, the reason given by the third Respondent contrary to the above rule is bad and accordingly, the impugned order is set aside and the

third Respondent is directed to effect electricity supply connection to the Petitioner subject to the condition that the Petitioner satisfies the other

requirements as per the Code. The fourth Respondent, if he is able to point out in writing any infirmity based on the above said Code for declining

the service connection to the Petitioner other than the rule referred to above, it is open to him to give such objection in writing to the second or the

third Respondent so that they can consider the same on merits. The Respondents electricity board authorities shall give the fourth Respondent, an

opportunity in this regard. If no legal objection is forth coming, the electricity supply connection should be effected as directed above within a

period of six weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of as above. No costs. Consequently connected miscellaneous petitions are closed.