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2013 Supreme(Mad) 3167

D.HARIPARANTHAMAN
Nathella Sampath Jewellery (P) Ltd. , rep. By its Director – Appellant
Versus
Tamil Nadu Electricity Board, rep. by its Chairman – Respondent


Advocates appeared:
For the Petitioners:D.S. Rajasekaran, Advocate.
For the Respondents:R1 to R4, P. Gunaraj, R5, A. Kumar, Advocates.

Order:

1. In all these cases, the petitioners, who have put up construction, have sought for electricity service connection to the newly constructed buildings without insisting Completion Certificate from the Chennai Metropolitan Development Authority (for short "CMDA").

2. Hence, the issue that arises for consideration in all these cases is as to whether the petitioners, who have built special buildings/group developments/multi-storeyed buildings, can seek electricity service connection without producing the completion certificate from the CMDA?

3. This Court directed the CMDA to file Inspection Reports. Based on the same, Inspection Reports have been filed.

4.1. According to the learned counsels for the petitioners, after coming into force of the Electricity Act, 2003, the electricity board authorities cannot insist upon the production of completion certificate from the CMDA for effecting electricity service connection. They relied on Section 43 (1) of the Electricity Act in this regard.

4.2. The learned counsels also heavily relied on the judgments of the learned Single Judges of this Court dated 26.07.2012 made in W.P.No.2219 of 2012, dated 29.04.2013 made in W.P.Nos.5661 and












































































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