Ramachandran v. Tamil Nadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.29934 of 2018 Ramachandran ..Petitioner vs 1.Tamil Nadu Generation and Distribution Corporation Limited, Rep.by its Managing Director, 144, Anna Salai, Chennai - 600 002.

2.The Executive Engineer, Distribution and Corporation Limited, Tirumazhisai, Pincode - 600 124.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the 2nd respondent to restore the electricity to SF. 94/4-5Hp situated at 53 Vyasapuram Village in Tiruttani Taluk , Thiruvalur District.

For Petitioner :Mr.V.Lakshminarayanan For Respondents:Mr.S.K.Rameshwar, Standing counsel for TNEB for R1 & R2

O R D E R

The relief sought for in the present writ petition is for a direction to direct the the 2nd respondent to restore the electricity to SF. 94/4-5Hp situated at 53, Vyasapuram Village in Tiruttani Taluk, Thiruvalur District. 2.The grievances of the writ petitioner is that he is in possession and enjoyment of the property situated at 53, Vyasapuram Village in Tiruttani Taluk. The family of the writ petitioner owns around 7 Acres of agricultural land in

Tiruttani. The land is being cultivated with the help of pump set and the 2nd respondent had provided Electricity service connection for using the pump set for irrigation purposes. The petitioner in his affidavit states that he did not continue the irrigation and accordingly, during the year 2010, the Electricity service connection was disconnected. The writ petitioner made several representations to restore the Electricity service connection for irrigation purposes and the same has not been considered by the respondents. Thus, the writ petitioner is constrained to move the present writ petition. 3.The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is a senior citizen, aged about 87 years and this apart, the Electricity service connection was disconnected during the year 2010 onwards. Thus, the restoration of Electricity service connection must be provided out of turn basis for the purpose of irrigation as the petitioner is a senior citizen.

4.The learned counsel appearing on behalf of the respondents brought to the notice of this Court that as per the provisions of the Tamilnadu Electricity Supply Code 2004, the restoration of supply of electricity is provided in Chapter 3 of Clause 22 and the sub clause 6(i), which reads as follows: "6(i) When a service connection remains disconnected for non payment of electricity charges beyond the notice period of three months, if the consumer comes forward within the period mentioned below to pay the actual dues and agrees to remit the charges in clause (ii) below, the official authorized by the Licensee may grant extension of time beyond the notice period and revoke the termination of agreement provided that the lines feeding the service connection have not been dismantled, so as to facilitate reconnection of the disconnected service.

---------------------------------------------------------------- ----------------------------------- Category Period for reconnection of disconnected service ---------------------------------------------------------------- -----------------------------------HT consumers Within five years from the date of Disconnection LT Agricultural consumers -doOther LT consumers Within two years from the date of Disconnection ---------------------------------------------------------------- ----------------------------------- 5.The learned counsel for the respondents states that the Electricity service connection in the agricultural land of the writ petitioner was disconnected during the year 1984 and it is incorrect to state that the Electricity service connection was

disconnected in the year 2010. The writ petitioner is not having the agricultural Electricity service connection from the year 1984 onwards. Therefore, the writ petitioner has to submit a fresh application for providing Electricity service connection for agricultural purposes under the provisions of the Electricity Supply Code. The restoration of old service connection cannot be done in view of the conditions stipulated in Clause 22 of the Electricity Supply Code. The time limit fixed for restoration is five years from the date of disconnection as the Electricity service connection was disconnected in respect of the agricultural lands belongs to the writ petitioner during the year 1984 itself, is not entitled for restoration of Electricity service connection. However, the petitioner is eligible to submit a fresh application for providing Electricity service connection for agricultural purposes and in the event of receiving any such application, the same will be considered in accordance with the provisions of the Electricity Supply Code.

6.The learned counsel for the writ petitioner states that the writ petitioner is already 87 years old and senior citizen and his case is to be considered by priority. 7.This Court is of an opinion that there may be several such senior citizens, who are similarly placed and waiting for such Electricity service connection for agricultural purposes. Therefore, this Court cannot issue any direction to by-pass the seniority with reference to the particular category as per the rules and the procedures followed by the respondent Board. If there is any priority available for the senior citizen, the same shall be extended to the writ petitioner, while considering his application, if any submitted for the purpose of providing Electricity service connection for agricultural usage. 8.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Managing Director, Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Executive Engineer, Distribution and Corporation Limited, Tirumazhisai, Pincode - 600 124.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.80736 +1cc to Mr.S.K.Rameshwar, Advocate, S.R.No.80751 W.P.No.29934 of 2018 VD(CO) GSP(12/12/2018)