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2013 Supreme(Mad) 1809

High Court of Judicature at Madras
V. DHANAPALAN, J.
K. Suguna
Versus
Tamil Nadu Electricity Generation & Distribution Corporation (Tangedco) & Others
W.P. No. 1582 of 2013
Decided on: 30-04-2013

Advocates Appeared:
For the Petitioner:I. Abrar Mohammed Abdullah for R. Subramanian, Advocates.
For the Respondents:R1 to R4, S.K. Raameshwar, Advocate, R5, K. Gunasekar, Senior Central Govt. Standing Counsel.

Headnote:Tamil Nadu Electricity Supply Code, 2004, Clauses 17(2) and 17(9)(a) –Application of Petitioner for a temporary electricity connection for a recently bought portion of land was rejected by the Respondent due to non-payment of bills of other portion of the property- it was held that an application cannot be rejected on the basis of due amount related to other portions of property- Petition is disposed with directions to Respondent to provide connection and ask for proportionate arrears after consulting the Recovery Officer- Court cannot decide on the apporportion of land as the respective Revenue Authority is not made a party in the present proceedings.

ORDER

1. Heard Mr. I.Abrar Mohammed Abdullah, learned counsel appearing for Mr. R.Subramanian, learned counsel for the petitioner; Mr. S.K. Raameshwar, learned counsel appearing for respondents 1 to 4 and Mr. K.Gunasekar, learned Senior Central Government Standing Counsel appearing for the 5th respondent.

2. This Writ Petition is filed for a direction to the respondents to receive the proportionate amount of Rs.4,02,267/-payable with respect to the land purchased by the petitioner and grant service connection within a time frame.

3. According to the petitioner, she is the owner of a portion of the land measuring an extent of 74 cents situated in S.F.Nos.127/3 and 126/2A1 of Pongalur Village, Palladam Taluk, Tirupur District. She purchased the said lands as per Certificate of Sale of Immovable Property issued by the Recovery Officer, Employees Provident Fund Organisation, Coimbatore for a sum of Rs.35,70,000/-. The said property forms part of the total extent of 6.00 acres of land comprised in S.F.Nos.126/2A1 and 127/3 and the said lands originally belonged to M/s. Venkatram Textiles Pvt. Ltd. The Certificate of Sale of the immovable property has been issued by the Recovery Officer, Employees Fund Organization, Ministry of Labour, Government of India on 18.06.2010 and subsequently registered as Document No.14403 of 2010 on the file of the Sub-Registrar Office, Palladam.

3.1. Pursuant to the said purchase, in order to maintain the said lands and to develop them, the petitioner applied for a temporary Electrical Supply Connection by way of the prescribed application to the 4th respondent herein vide application dated 14.06.2012. In response to the above said application of the petitioner, the 4th respondent sent a reply stating that originally the service connection with respect to the said lands stood in the name of M/s. Venkatraman Textiles, which has been suspended due to pendency of arrears amount to the tune of Rs.32,92,504/-and that any further application for service connection and its consideration could be made only after the said arrears amount have been cleared.

3.2. It is the case of the petitioner that she purchased 0.74 acres out of 6.00 acres of land which was originally owned by M/s. Venkatraman Textiles and therefore, she is liable to pay the dues only in proportion to the extent of the property purchased by him as per the Notification No.TNERC/SC/7-25, dated 18.03.2011 of the Tamil Nadu Electricity Regulatory Commission, making amendments to Clause 17 of the Principal Code, which makes it clear that the dues are to be divided proportionally as per the subdivided portion and the service connection shall be given after the dues with respect to the said share have been paid.

3.3. The petitioner would state that she is willing to pay his share of the sub-divided portion which comes to the tune of Rs.4,02,267/-in proportion to the total amount of Rs.32,92,504/-. Hence, having no other alternative, the petitioner has come up with the present Writ Petition.

4. In the counter affidavit filed on behalf of the respondents/TANGEDCO, it is stated as follows:

4.1. The High Tension Service Connection No.37 had been effected in the name of M/s. Venkatram Textiles Pvt. Ltd., to the premises situated in S.F.No.127/3 and 126/2A1 of Pongalur Village, Palladam Taluk of Coimbatore District. The electrical supply had been effected to the premises situated in S.F.Nos.127/3 and 126/2A1 and not to the entire lands stated to be measuring 6.00 acres.

4.2. The said High Tension Consumer M/s. Venkatram Textiles Pvt. Ltd. defaulted in payment of the electricity charges and therefore the supply of service connection No.37 was disconnected as per the terms and conditions of supply of electricity then in force. The current consumption charges from 2/2000 to 10/2000 for Rs.14,50,644/-was outstanding as on the date of termination of agreement. The Company neither came for reconnection nor paid the current consumption arrears since then. In spite o
























































































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