V.Rajaram v. The Tamilnadu Electricity Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.M.P.No.4037 of 2025 V.Rajaram ..
Petitioner Vs.
1.The Tamilnadu Electricity Board, Rep. By Its Chairman, 10th Floor, NPKKR Nagar, 144, Anna Salai, Chennai 600 002.
2.The Assistant Engineer (O And M) Tamil Nadu Electricity Board, TANGEDCO / North, Coimbatore 641 006. 3.The Executive Engineer ( O And M) Tamil Nadu Electricity Board, TANGEDCO / North, Coimbatore 641 012 4.The Superintending Engineer ( O And M) Coimbatore / North TANGEDCO / CEDC North, Tatabad Coimbatore 641 012 5.The Executive Engineer Cum Administrating Officer Tamil Nadu Housing Board Division, HUDCO Colony Peelamedu, Coimbatore 641 004.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned order dated 23.11.2023 issued by the 1st respondent for the petitioner's application reference no:2000302611231566 dated 18.11.2023 and quash the order dated 23.11.2023 and thereby directing the 2nd respondent to consider the representation dated 30.05.2024 and subsequently direct the 2nd respondent to provide temporary electricity connection to the extent of 0.08 cents of total extent 0.43 cents of land on the southern side of SF No.82/1 Ganapthy Village, R.K.Puram, Ganapathy (E) and (W), Coimbatore North on the petitioner's application vide reference No.2000302611231566 dated 18.11.2023 and pass such further or other order. For the Petitioner : Mr.T.Suriya For the Respondents : Mr.L.Jaivenkatesh Standing Counsel
ORDER
This Writ Petition is filed for a Certiorarified Mandamus, challenging the order dated 23.11.2023, whereby the application of the petitioner for grant of temporary service connection was denied.
2. The grievance of the learned counsel for the petitioner is that when the petitioner had applied for electricity connection with reference to construction
activity, the same was denied.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents and perused the material records of the case.
4. The respondents have rejected it on the ground that the land acquisition proceedings are pending in respect of the subject property. According to the learned counsel by an order dated 07.10.2021 in W.P.No.9349 of 2018 etc., the land acquisition proceedings has been quashed. The second ground on which the electricity connection is rejected is that there are neighbours and other persons who are also interested in the land and they are objecting for the grant of electricity connection. Therefore, merely because third parties have raised a dispute, and in the absence of any prohibitory order from a Civil Court, the mere raising of the dispute should not be a reason to withhold the grant of an electricity connection.
5. However it has also be seen that the respondents have come to the conclusion that no grounds exist for temporary connection, because there is no construction activity being started. In this regard, it is clear that the temporary connection can be granted only for a construction activity.
6. The learned counsel submits that for digging a bore well, electricity connection is required. The same cannot be granted for merely digging a bore well, as the bore well is done with the diesel engines and the vehicles come fitted with the equipments which will run with the help of diesel engines. If the petitioner wants to put up any other construction, then the petitioner is entitled to temporary electricity service connection. Any such construction can be made only after obtaining a planning permission from the local authority. As and when the plan is submitted or when the plan is granted, with such proof the petitioner will be entitled to apply once again, upon which the respondent shall consider the request of the petitioner and grant temporary connection for the construction purpose, in accordance with the rules.
7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 06.02.2025 : No Jer To 1.The Chairman, Tamilnadu Electricity Board,10th Floor, NPKKR Nagar, 144, Anna Salai, Chennai 600 002.
2.The Assistant Engineer (O And M) Tamil Nadu Electricity Board, TANGEDCO / North, Coimbatore 641 006. 3.The Executive Engineer ( O And M) Tamil Nadu Electricity Board, TANGEDCO / North, Coimbatore 641 012. 4.The Superintending Engineer ( O And M) Coimbatore / North TANGEDCO / CEDC North, Tatabad Coimbatore 641 012. 5.The Executive Engineer Cum Administrating Officer Tamil Nadu Housing Board Division, HUDCO Colony Peelamedu, Coimbatore 641 004.
D.BHARATHA CHAKRAVARTHY, J.
Jer 06.02.2025