The absence of legislative provisions justifying the demand for a completion certificate for electricity service connection.

1. 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 furth