S.Selvakumar v. The Superintendent Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Selvakumar : Petitioner Vs.
1. The Superintendent Engineer, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle,
2. The Designated Engineer, AE/O&M/vallan Kumaranvilai, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle,
3. The Junior Engineer, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle, Nagercoil, Kanyakumari District.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, by calling for the records of the impugned Order passed by the third respondent in 1/6
Ka.En.Ei.Ni.Po/Vi/VaGu/Ko.Ka/Aa/Ya.615/2024 dated 29.11.2024 and quash the same as illegal, arbitrary in consequentially direct the respondents to provide new electricity service connection (III-A-1 new electricity service connection) to the petitioners land comprised in Survey No. L/6/14/24 of Vadiveeswaram Village, Agastheeswaram Taluk, For Petitioner : Mr.R.Rajamohan For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
This writ petition has been filed challenging the impugned proceedings dated 29.11.2024 and for a consequential direction to the respondents to provide new electricity service connection (III-A-1) to the petitioner's land in Survey No.L/6/14/24 of Vadiveeswaram Village, Agastheeswaram Taluk, Nagercoil, Kanyakumari District.
2. The petitioner's case is that he applied for a new electricity service connection under the III-A-I tariff through online application, which was subsequently returned by the respondents citing certain defects or discrepancies. In response, the petitioner submitted a representation to the third respondent, stating that there were no defects 2/6
in his application. However, the respondents rejected the application without providing the petitioner an opportunity of hearing. To challenge this decision, the petitioner filed WP(MD) No. 24669 of 2024 and by order dated 24.10.2024, this Court directed the respondents to consider the petitioner's representation. Following this order, the third respondent issued a summon on 19.11.2024, requesting the petitioner to appear with the necessary documents. Despite this and without considering the petitioner's submissions, the third respondent passed the impugned order stating that for the III-A-I tariff electricity service connection, the petitioner must possess a minimum of 50 cents of land. Aggrieved by this, the petitioner has filed the present writ petition.
3. A detailed counter-affidavit has been filed by the third respondent. The learned Standing Counsel, appearing on behalf of the respondents, submitted that the petitioner has neither applied for nor registered for an agricultural service connection under Tariff IV so far. Therefore, the petitioner's request for a new service connection under Tariff III-A(1) cannot be complied with, as per Clause 3.2.11.8 of the Tariff Order 2024-2025. Furthermore, to obtain an agricultural service connection, the applicant must own a minimum of 50 cents of land, as 3/6
stipulated in Regulation 29(2)(b) of the Tamil Nadu Electricity Distribution Code. Since the petitioner does not possess 50 cents of land, he is ineligible to apply for a new electricity service connection under Tariff III-A(1).
4. After considering the submissions made by both parties, this Court finds that the petitioner's application for a new electricity service connection under Tariff III-A(1) is not in accordance with the applicable regulations. The respondents have pointed out that the petitioner has neither applied nor registered for an agricultural service connection under Tariff - IV and as per Clause 3.2.11.8 of the Tariff Order 2024-2025, the demand for a new connection under Tariff III-A(1) is not feasible. Additionally, Regulation 29(2)(b) of the Tamil Nadu Electricity Distribution Code clearly stipulates that an applicant must possess a minimum of 50 cents of land to be eligible for an agricultural service connection. Since the petitioner has not met this requirement, his application for a new electricity service connection under Tariff III-A(1) is not permissible. Hence, there are no grounds to interfere with the proceedings of the third respondent.
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5. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
03.03.2025 Index : Yes / No Internet : Yes / No PKN To
1. The Superintendent Engineer, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle,
2. The Designated Engineer, AE/O&M/vallan Kumaranvilai, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle,
3. The Junior Engineer, TANGEDCO Limited, Vallan Kumaranvilai Electricity Distribution Circle, Nagercoil, Kanyakumari District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.30899 of 2024 03.03.2025 6/6