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2018 Supreme(Mad) 3934

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Ramachandran - Petitioner
Versus
Tamil Nadu Generation & Distribution Corporation Limited, Rep by its Managing Director, Chennai & Others - Respondent
W.P.No. 29934 of 2018
Decided on : 26-11-2018

Advocates:
Advocate Appeared:
For the Petitioner:V. Lakshminarayanan, Advocate.
For the Respondents: S.K. Rameshwar, Standing Counsel, TNEB.

The time limit for restoration of electricity service connection for agricultural purposes is determined by the Electricity Supply Code, and senior citizen priority must be considered within the rules and procedures followed by the respondent Board.

Headnote:

Electricity Service Connection - Agricultural Land - Restoration of Service Connection

Fact of the Case:

The petitioner sought a direction to restore the electricity service connection for agricultural purposes, claiming that the disconnection in 2010 was incorrect and that he should be given priority as a senior citizen.

Finding of the Court:

The court found that the electricity service connection was disconnected in 1984, and as per the Electricity Supply Code, the time limit for restoration is five years from the date of disconnection. The petitioner was advised to submit a fresh application for the service connection.

Issues: Dispute over the restoration of electricity service connection for agricultural usage, petitioner's claim of senior citizen priority, and the interpretation of the Electricity Supply Code provisions.

Ratio Decidendi: The court held that the petitioner was not entitled to restoration of the old service connection as it was disconnected in 1984, and advised the petitioner to submit a fresh application for the service connection.

Final Decision: The writ petition was disposed of with no order as to costs.

JUDGMENT :

1. The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to restore the electricity to SF. 94/4-5Hp situated at 53, Vyasapuram Village in Tiruttani Taluk, Thiruvalur District.

2. The grievances of the writ petitioner is that he is in possession and enjoyment of the property situated at 53, Vyasapuram Village in Tiruttani Taluk. The family of the writ petitioner owns around 7 Acres of agricultural land in Tiruttani. The land is being cultivated with the help of pump set and the 2nd respondent had provided Electricity service connection for using the pump set for irrigation purposes. The petitioner in his affidavit states that he did not continue the irrigation and accordingly, during the year 2010, the Electricity service connection was disconnected. The writ petitioner made several representations to restore the Electricity service connection for irrigation purposes and the same has not been considered by the respondents. Thus, the writ petitioner is constrained to move the present writ petition.

3. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is a senior citizen, aged about 87 years and this apart, the Electricity service connection was disconnected during the year 2010 onwards. Thus, the restoration of Electricity service connection must be provided out of turn basis for the purpose of irrigation as the petitioner is a senior citizen.

4. The learned counsel appearing on behalf of the respondents brought to the notice of this Court that as per the provisions of the Tamilnadu Electricity Supply Code 2004, the restoration of supply of electricity is provided in Chapter 3 of Clause 22 and the sub clause 6(i), which reads as follows:

“6(i). When a service connection remains disconnected for non payment of electricity charges beyond the notice period of three months, if the consumer comes forward within the period mentioned below to pay the actual dues and agrees to remit the charges in clause (ii) below, the official authorized by the Licensee may grant extension of time beyond the notice period and revoke the termination of agreement provided that the lines feeding the service connection have not been dismantled, so as to facilitate reconnection of the disconnected service.

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Category Period for reconnection of disconnected service ---------------------------------------------------------------------------------------------------HT consumers Within five years from the date of Disconnection LT Agricultural consumers -do-

Other LT consumers Within two years from the date of Disconnection

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5. The learned counsel for the respondents states that the Electricity service connection in the agricultural land of the writ petitioner was disconnected during the year 1984 and it is incorrect to state that the Electricity service connection was disconnected in the year 2010. The writ petitioner is not having the agricultural Electricity service connection from the year 1984 onwards. Therefore, the writ petitioner has to submit a fresh application for providing Electricity service connection for agricultural purposes under the provisions of the Electricity Supply Code. The restoration of old service connection cannot be done in view of the conditions stipulated in Clause 22 of the Electricity Supply Code. The time limit fixed for restoration is five years from the date of disconnection as the Electricity service connection was disconnected in respect of the agricultural lands belongs to the writ petitioner during the year 1984 itself, is not entitled for restoration of Electricity service connection. However, the petitioner is eligible to submit a fresh application for providing Electricity service connection for agricultural purposes and in the





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