The duty of the Electricity Board to regularise unauthorised electricity use for irrigation purposes.

1. The Writ Petition is directed against the order of the third respondent dated 03.03.2003, by which the third respondent has directed the petitioners not to use the electricity supply for the strength more than 5 HP for which permission was granted and also directed to remove the additional load of 25 HP, failing which, suitable action will be taken in the disconnection of the electricity supply.

2. Originally, Smt.Selvarathinam and five others owned agricultural lands in S.No.112/2 in Kuppandipalayam Village, Bhavani Taluk to an extent of 0.9 1/2 cents and another adjacent land to the extent of 20 acres in Vembathi Village. In the land situated in Kuppandapalayam Village, two wells are in existence and it is stated that the persons using the adjacent lands to the extent of 20 acres have obtained easementary right for laying underground pipe lines from the said wells. The Tamil Nadu Electricity Board has granted service connection in S.C.No.414 under the Keelavani Distribution Circle for 5 HP for one of the said wells. It is stated that the above said persons using the water for agricultural purpose by way of irrigation have been using additional load of 25 HP by fitting 30 HP motor and pump set and taking water through the underground pipelines for irrigating and cultivating the 20 acres of land situated in Vembathi Village.

3. The Electricity Board has introduced Voluntary Disclosure Scheme to regularise the additional loads of electricity used by the agriculturists on certain conditions. Accordingly, the above said persons have registered themselves for regularisation under the Scheme by paying necessary registration fee on 30.12.1999 in the third respondents office and they have been continuously using the 30 HP for irrigation. Since the previous owners in whose name the service connection was granted were unable to use the land effectively, they offered to sell the said lands in favour of the petitioners and accordingly, the petitioners have purchased the said lands under the sale deed dated 23.10.2001.

4. It is the case of the petitioners that the wells are situated far away from the prohibited distance as contemplated under the Scheme and the regularisation of the irregular use of HP has been effected by the Government as a matter of policy for the benefit of agriculturists for proper irrigation process for agricultural production. As per the sale deed dated 23.10.2001 executed by the vendors, the petitioners have not only purchased the agricultural lands, but also the easementary rights for drawing water through underground pipelines and necessary consent deeds have also been executed. After the purchase, one of the vendors, namely, K.S.Senthamarai has given a letter to the second respondent informing about the sale effected in respect of the properties along with the service connection and requesting the second respondent to effect transfer of service connection in the name of the petitioners. It is seen that pursuant to the said request, the Electricity Board has in fact effected name transfers in the name of the petitioners on 19.02.2003. After the purchase, the petitioners, based on the Scheme, laid down pipelines by spending huge amount for the purpose of proper irrigation on their agricultural lands and it is stated that they have spent Rs.70.00 lakhs in that regard and they have been raising various crops, like, Sugarcane, Tapioca, Groundnut, Turmeric etc. It is also the case of the petitioners that in respect of the similarly situated adjacent lands, who were using the electricity more than the sanctioned strength, when the unauthorised use was found on inspection, such unauthorised use came to be regularised by the respondents. On record, it is seen that at least in respect of two persons, namely, A.Ramasamy and M.P.Angappan, who are the holders of the adjacent lands, the unauthorised use of electricity more than the sanctioned strength came to be regularised by the respondents under the Scheme