2013 Supreme(Mad) 2882
High Court of Judicature at Madras
D. HARIPARANTHAMAN, J.
G. Sridharan
Versus
The Chairman, Tamil Nadu Electricity Board, Chennai & Others
Writ Petition No. 4128 of 2012 & M.P. No. 1 of 2012
Decided On : 13-08-2013
Advocate Appeared:
For the Petitioner:D. Murthy, Advocate.
For the Respondents:P. Gunaraj, Advocate.
Headnote:
Electricity Service Connection - Name Transfer and Extension - The court dismissed the writ petition seeking name transfer of the electricity service connection to the petitioner's name and extension to a different place in the same survey number, citing Clause 22(7) of the Tamil Nadu Electricity Supply Code, 2004, which mandates treating consumers seeking reconnection after five years as new applicants.
Fact of the Case:
The petitioner sought name transfer of an electricity service connection to his name and extension to a different place in the same survey number. The service connection had been disconnected after the death of the petitioner's father due to non-payment of charges in 1990.
Finding of the Court:
The court found that the petitioner cannot ask for name transfer and extension of the disconnected service connection, as per Clause 22(7) of the Tamil Nadu Electricity Supply Code, 2004, which mandates treating consumers seeking reconnection after five years as new applicants. The court dismissed the writ petition and directed the petitioner to make a fresh application for the service connection.
Issues: The main issue was whether the petitioner could seek name transfer and extension of a disconnected electricity service connection, and if the provisions of Clause 22(7) of the Tamil Nadu Electricity Supply Code, 2004, applied to the case.
Ratio Decidendi: The court relied on Clause 22(7) of the Tamil Nadu Electricity Supply Code, 2004, which mandates treating consumers seeking reconnection after five years as new applicants, and concluded that the petitioner could not seek name transfer and extension of the disconnected service connection.
Final Decision: The writ petition was dismissed, and the petitioner was directed to make a fresh application for the service connection. No costs were awarded, and the connected miscellaneous petition was closed.
1. The father of the petitioner obtained Electricity Service Connection in S.C.No.45 in the year 1965 for agricultural purpose. He owned 2.50 acres of agricultural lands at Melakkondaiyar Village, Sivanvoil Post, Thiruvallur District. He was regularly paying electricity charges. The petitioner's father died on 24.11.1983, leaving behind him, the petitioner and two sisters as his legal representatives.
2. It is the case of the petitioner that he dug up a new borewell at a different place in the same survey number. The petitioner sent a representation dated 29.04.2011 to change the aforesaid service connection to his name from the name of his father. He also requested that the said service connection has to be extended to the new borewell that is dug up in the same survey number. The 5th respondent directed the petitioner to produce certain documents. Accordingly, the petitioner also produced the documents as directed by the 5th respondent. However, the respondents did not grant extension of Electricity Service line where the new borewell was dug up and service connection was also not changed in the name of the petitioner.
3. The petitioner has filed this writ petition seeking for a direction to the respondents to extend the electricity service line in SC 45 to the place of borewell of the petitioner's land in Survey No.115 situate at Melakondaiyar Village, Thiruvallur Taluk and District by effecting transfer of the said service connection to the petitioner's name.
4. The respondents have filed counter affidavit stating that after the death of the father of the petitioner, the service connection had been dismantled as early as in the year 1990 due to non payment of current consumption charges. In view of the provision contained in Clause 22 of the Tamil Nadu Electricity Supply Code, 2004, disconnected service connection could not be restored after five years. The only option available to the petitioner is to apply for a fresh service connection.
5. Heard both sides.
6. The petitioner seeks name transfer of service connection No.45 to his name and he also wanted the service connection to be extended to a different place in the same survey number. The petitioner has not disputed that the service connection was disconnected long back in 1990 itself. For the past 23 years, Service No 45 was not in live condition.
7. At this juncture, it is relevant to extract Clause 22 of the Tamil Nadu Electricity Supply Code, 2004:-
"22. Restoration of Supply of electricity.- (1) The licensee shall restore the supply to the service immediately and in any case not exceeding twelve hours on recovery of electricity charges or such other sums together with any expenses incurred by the licensees in cutting off and re-connecting the supply.
(2) In the case of a service connection remaining disconnected for six months or more, the consumer's installation will be tested, revised test report obtained and the testing charges collected from the consumer before the same is restored.
(3) To restore supply to a high tension service connection which remains disconnected for one year or more, approval of the competent authority with regard to safety and security of the installation shall be obtained.
(4) In the case of service connections, which have been disconnected, the licensee shall have the power to allow instalment payments of all arrears in deserving cases.
(5) The licensee shall restore the disconnected service before issue of termination of agreement notice and also during the notice period for termination of agreement on recovery of total arrears due till the date of restoration.
(6) When the service connection remains disconnected for non-payment of electricity charges beyond the notice period of three months, if the consumer comes forward to pay the actual dues and agrees to remit the tariff minimum charges in respect of HT services, monthly minimum in respect of LT services for the period of disconnection after termination of agre