Madras High Court
S.N.Rajkumar vs Tamil Nadu Electricity Board on 17 July, 2014
Author: C.S.Karnan
Bench: C.S.Karnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17/ 07 /2014
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
W.P.No.17531 of 2014
S.N.Rajkumar ... Petitioner
Vs.
1.Tamil Nadu Electricity Board,
Represented by its Chairman,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer, (TANGEDCO),
CEDC/South J.J.Maligai,
K.K.Nagar, Sub-Station,
K.K.Nagar, Chennai-600 078.
3.The Executive Engineer (O&M),
TANGEDCO,
K.K.Nagar, Chennai-600 078.
4.The Assistant Executive Engineer (O&M),
TANGEDCO,
Ramapuram, Chennai-600 089.
5.The Chennai Metropolitan Development Authority,
Represented by its Member-Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, to direct the respondents 1 to 4 herein to receive and consider the application of the petitioner and to provide electricity service connection to the building and departmental store and for the common areas of the building put up by the petitioner at Plot No.4(pt), 5(pt) V, comprised in Survey No.49/4A1B, 49/4A1C, 49/4A1D, Valluvar Salai, Ramapuram, Chennai-600 089, without insisting upon completion certificate / no objection certificate from the fifth respondent.
For Petitioner : Mr.R.Karunagaran
For Mr.M.Vembadaiyan
For Respondents : Mr.P.Gunaraj (TNEB) for R1 to R4
Mr.M.Karthikeyan (CMDA) for R5
- - -
O R D E R
The brief facts of the case are as follows:-
The petitioner submits that he is the owner and developer of the property situated at Plot No.4(pt), 5(pt) V, comprised in Survey No.49/4A1B, 49/4A1C, 49/4A1D, Valluvar Salai, Ramapuram, Chennai-600 089. Accordingly, the fifth respondent herein has approved the planning permission for construction of the same vide permit No.6276 dated 10.12.2010 in file No.BC1/11009/2010 and obtained building permission from the local body. He further submits that in accordance with the planning permission, he put up the building thereon. The entire construction was over as early in the month of January 2014. He further submits that there are no major deviations and violations in constructions except minor deviation due to balcony projection in the building. As the building is ready for occupation, he has approached the third and fourth respondents herein to receive the application for providing electricity service connection. The respondents 3 and 4 insisted that he should enclose the completion certificate from the firth respondent for receiving and considering the application. Hence, they refused to receive the application.
2. The petitioner further submits that nowhere under the provisions of Tamil Nadu Electricity Act or Regulations do provide for insistence of completion certificate for receiving and considering application for electricity service connection. Any how, when the petitioner has approached the fifth respondent herein with request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor changes which are not violative at all. The electricity service connection is basic amenity and without which, he and others cannot occupy the building. Hence, he has filed the present writ petition for a direction to the respondents for receiving the petitioner's application and to provide electricity service connection. He further submits that he reliably learnt and understood that under similar circumstances, this Court was pleased to issue directions to the first respondent's electricity board authorities to provide service connection without insisting upon completion certificate / no objection certificate from the planning authorities.
3. The petitioner further submits that he was made to understand that the Tamil Nadu Electricity Board/respondents 1 to 4 are demanding completion certificate / no objection certificate from the Chennai Metropolitan Development Authority, due to an observation made by the Hon'ble Division Bench of this Court in a case initiated by Consumer Action Group and others against the Regularization Scheme of the Chennai Metropolitan Development Authority. He further submits that but for that observation by the Hon'ble Division Bench, there is no corresponding legislative enactment or amendment in the Electricity Act, warranting or justifying such demand of completion certificate / no objection certificate from the Chennai Metropolitan Development Authority. In fact earlier in the year 2002, there was a State Amendment to demand completion certificate / no objection certificate for effecting Electricity Service Connection, but later on the same was withdrawn vide G.O.Ms.No.112, Energy (B1), dated 05.07.2004, whereby the Tamil Nadu Electricity Board was directed not to insist on completion certificate / no objection certificate from the Chennai Metropolitan Development Authority with effect from 10.06.2003 as the said condition was inconsistent and contrary to the Central Act as the Electricity supply is in the concurrent list of the Indian Constitution.
4. The petitioner further added that at present the Tamil Nadu Electricity Board started demanding completion certificate / no objection certificate for providing service connection without any such specific amendment to the enabling provision, viz., Section 43 of the Electricity Act 2003 (Central Act 36 of 2003.) The petitioner further submits that the subject building is strictly in accordance to the sanction plan accorded and in conformity to the exemption stipulated under the Development Regulations, but for some negligible unintentional increase in balcony size in the first floor level and slight corresponding excess in floor space index, however well within the permissible norms of the Monitoring Committee of the Chennai Metropolitan Development Authority. The petitioner further submits that but for the above said facts, there is no major violation or excess in F.S.I. nor any difference in usage of the building warranting denial of the supply as held by the same Division Bench in W.A.No.1102 of 2007, in appeal filed by the Tamil Nadu Electricity Board, whereby the said appeal was dismissed by the order dated 04.09.2007, as the deviations complained are minor in nature, in the absence of floor violation. The petitioner further submits that following this Division Bench's decision, this Court was pleased to direct the Electricity Board to consider the application form of the petitioner therein along with necessary forms and effect electricity supply and the CMDA was permitted to take action against the petitioner, if there is any deviation in the construction put up by the petitioner and one such recent order was passed in W.P.No.5661 of 2013, dated 20.04.2013. He further submits that even in a decision rendered by this Court in W.P.No.2219 of 2012, dated 26.07.2012 and in W.P.No.3848 of 2012, dated 01.08.2012, this Court was pleased to decide against the Tamil Nadu Electricity Board that in the absence of such provisions under their Act and Distribution Code, they are not justified in making a demand of completion certificate from Chennai Metropolitan Development Authority for providing electricity service connection and allowed those writ petitions. Neither the Tamil Nadu Electricity Board nor the Chennai Metropolitan Development Authority had preferred any appeal against such decisions and had effected electricity to those petition premises, without insisting on production of completion certificate / no objection certificate from the Chennai Metropolitan Development Authority.
5.The petitioner further submits that due to such unjustified demand by the Tamil Nadu Electricity Board, petitioner is unable to get basic amenity so as to put the building to usage effectively as at present he has occupied the same with temporary service connection which is of enormous commercial tariff for his residential building. Hence, the writ petitioner has filed the above writ petition for a direction to the respondents.
6. The highly competent counsel, Mr.R.Karunagaran for the petitioner submits that the petitioner has constructed a building at Plot No.4(pt), 5(pt) V, comprised in Survey No.49/4A1B, 49/4A1C, 49/4A1D, Valluvar Salai, Ramapuram, Chennai-600 089, as per the sanctioned plan vide permit No.6276 dated 10.12.2010 and file No.BC1/11009/2010 for construction of stilt + 4 floors with Departmental store. As per the plan, the building has been constructed. Therefore, the petitioner has approached the third and fourth respondents, seeking electricity service connetion. Further, as per G.O.Ms.No.112, Energy (B1), dated 05.07.2004, the Tamil Nadu Electricity Board have been directed not to insist on completion certificate / no objection certificate from the Chennai Metropolitan Development Authority with effect from 10.06.2003. The said G.O. is still in force and operating against the Tamil Nadu Electricity Board. As such, the Tamil Nadu Electricity Board cannot insist on the petitioner to produce no objection certificate from the Chennai Metropolitan Development Authority. Further, if any minor deviation is there in the said building, even then the owner of the building is entitled to get electricity service connection. In support of his contentions, the learned counsel has cited judgments in W.P.Nos.3847 and 3848 of 2012, W.P.Nos.5661 and 5662 of 2013 and W.P.No.18314 of 2013, wherein, this Court directed the Electricity Board to give electricity service connection without insisting on no objection certificate. The operative portion of the judgments are as follows:-
W.P.Nos.3847 and 3848 of 2012:-
"3. In view of the law laid down by this Court, referred to above, there is no justification with the respondents to deny the electricity and water and sewerage service connection for want of completion / no objection certificates from the respondent No.4
4. Consequently, the writ petitions are allowed. The writ in the nature of mandamus is issued to the respondents to provide electricity and water and sewerage service connection to the petitioner without insisting on completion certificate / no objection certificate."
W.P.Nos.5661 and 5662 of 2013:-
"7. In view of the above stated position, I am inclined to direct the respondents 1 to 4 in W.P.No.5661 of 2013 to provide electricity service connection to the property in question and direct respondents 1 and 2 in W.P.No.5662 of 2013 to provide water and sewerage connection to the property. The said exercise has to be carried out by them within a period of four weeks from the date, when the petitioners approach the concerned respondents with necessary application form along with the necessary documents. However, it is open to the respondent / CMDA to take action against the petitioners, if there is any deviation in the construction put up by the petitioners."
W.P.No.18314 of 2013:-
"9. In view of the undertaking given by the petitioner, the writ petition is allowed, directing the first respondent to give electricity connection forthwith to the 12th block situated at Jalladianpet Village, Sholinganallur Taluk, off Perumbakkam Main Road, Jalladianpet, Chennai-100, particularly, when the CMDA has filed its inspection report stating that there is no deviation so far as the construction of 12th block is concerned. No costs."
Hence, the highly competent counsel, Mr.R.Karunagaran entreats the Court to allow the above writ petition.
7. The very competent counsel, Mr.P.Gunaraj appearing for the respondents 1 to 4 vehemently argued that G.O.Ms.No.112 Energy (B1), dated 05.07.2004 is only applicable for ordinary building, but in the instant case, the petitioner has constructed Stilt + 4 floors with Departmental Store and as such, the Government Order is not applicable to the said building. Further, there is a deviation in construction over the said building. As such, the planning permit granted by the fifth respondent has been violated by the petitioner. Hence, the petitioner is not entitled to get electricity service connection. The completion certificate / no objection certificate is required by law and hence, the highly competent counsel, Mr.P.Gunaraj prays the Court to dismiss the above writ petition.
8. The highly competent counsel, M.Karthikeyan appearing for the fifth respondent submits that the production of completion certificate / no objection certificate from the fifth respondent is required by law and also required as per this Hon'ble Division Bench's order. The petitioner himself had admitted in his affidavit that there are minor deviation due to balcony projection in the building. As such, it is evident that the building has not been constructed as per the sanctioned plan. Therefore, it is prayed to dismiss the above writ petition.
9. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on all sides and on perusing the typed-set of papers and also taking into account the judgments cited by the learned counsel for the petitioner in W.P.Nos.3847 and 3848 of 2012, W.P.Nos.5661 and 5662 of 2013 and W.P.No.18314 of 2013, this Court is inclined to allow the above writ petition as the said judgments have become final and is in operation. Hence, this Court directs the respondents 1 to 4 to receive the application of the petitioner, process, consider and accord electricity service connection to the building and departmental store and for the common areas of the building put up by the petitioner at Plot No.4(pt), 5(pt) V, comprised in Survey No.49/4A1B, 49/4A1C, 49/4A1D, Valluvar Salai, Ramapuram, Chennai-600 089, without insisting on production of completion certificate / no objection certificate from the fifth respondent / CMDA. However, it is open to the fifth respondent / CMDA to take action against the petitioner, if there is any violations or deviation in the construction put up by the petitioner.
10. In the result, the above writ petition is allowed with the above observations. There is no order as to costs.
/ 07 / 2014
Index : Yes.
Internet : Yes.
r n s
C.S.KARNAN, J.
r n s
To
1.Tamil Nadu Electricity Board,
Represented by its Chairman,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer, (TANGEDCO),
CEDC/South J.J.Maligai,
K.K.Nagar, Sub-Station,
K.K.Nagar, Chennai-600 078.
3.The Executive Engineer (O&M),
TANGEDCO,
K.K.Nagar, Chennai-600 078.
Pre Delivery Order made in
W.P.No.17531 of 2014
4.The Assistant Executive Engineer (O&M),
TANGEDCO,
Ramapuram, Chennai-600 089.
5.The Chennai Metropolitan Development Authority,
Represented by its Member-Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
/ 07 /2014