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2019 Supreme(Mad) 171
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Gunasekara Senthil - Petitioner
Versus
The Assistant Electricity Engineer - Respondents
W.P.No.5 of 2019 and W.M.P.No.5 of 2019
Decided On : 08-01-2019
For the Petitioner: Mr. I.C. Vasudevan.
For the Respondent: Mr. S.K. Raameshwar.
Headnote:
Restore Agricultural Electricity - Provide Electricity Power Supply - Relief sought for in this writ petition is for a direction to direct respondent to restore agricultural electricity connection to well bearing service connection situated in petitioners land to extent of 3.25 acres in Village without insisting name change in patta bearing No.259, which stands in name of petitioners deceased father by considering representation of petitioner – Held, Point raised by writ petitioner has not been disputed in respect of providing electricity power supply upto Meter Box - This being submission made on behalf of respondent, this Court is of an opinion that respondents are bound to ensure once again and verify service connection and accordingly, provide electricity supply upto Meter Box/fuse carrier - Fact regarding large number of pendency of cases before Courts cannot be brushed aside - It may be practically difficult for Registry, High Court to issue certified copy of orders/judgments in all cases within a short span of time - However, Registry has option to segregate orders/judgments based on urgency and considering nature of orders and accordingly, issue certified copy of orders to avoid inconvenience both to litigants as well as to learned counsels appearing for parties – Copy of this order is directed to be communicated to Chief Secretary to Government of Tamil Nadu who in turn is directed to issue a circular to all Departments/Subordinate officials to ensure that attested downloaded order/judgment copies received by them shall be responded properly and officials concerned shall act based on attested copies by verifying same with official website of Honble High Court of Madras in www.hcmadras.tn.nic.in - Petition Disposed Of.
1. The relief sought for in this writ petition is for a direction to direct the respondent to restore the agricultural electricity connection to the well bearing service connection No.526(Kuttapalayam Distribution 001) situated in the petitioner's land in R.S.No.173/1 (old SF.No.794/1) to the extent of 3.25 acres in Kuttapalayam Village, Kangeyam Taluk, Tiruppur District without insisting the name change in patta bearing No.259, which stands in the name of the petitioner's deceased father namely Ponnusamy by considering the representation of the petitioner dated 26.10.2018.
2. The learned counsel appearing on behalf of the writ petitioner states that his father Mr. Ponnusamy purchased the land in R.S.No.173/1(old SF.No.794/1) to the extent of 3.25 acres and in R.S.No.173/3 (Old SF No.794/3) to the extent of 2.45 acres and in total extent of 5.70 acres in Kuttapalayam Village, Kangeyam Taluk, Tiruppur District. The petitioner inherited the property from his father and doing agricultural activities in the said land. The writ petitioner is enjoying the electricity service connection for agricultural purposes at free of cost.
3. The grievances of the writ petitioner is that on account of the Act of the respondent, he is unable to utilize the electricity power supply for the purpose of irrigation, more specifically, to operate the Motor Pumps in the Borewell/Well.
4. The learned counsel appearing on behalf of the writ petitioner states that it is the duty of the authorities as per the Tamil Nadu Electricity Board Regulations that the Electric power supply must be provided till the end of the Meter Box/fuse carrier, which is installed in the Meter Box and thereafter, it is the look after of the consumers to use the Electricity as per the terms and conditions stipulated in the Tamil Nadu Electricity Supply Code.
5. The learned counsel for the writ petitioner states that as of now, the electricity has not been provided upto the Meter Box/fuse carrier, so that the writ petitioner is unable to utilize the electricity service connection for the purpose of his irrigation.
6. The learned counsel appearing on behalf of the respondent submitted the copy of the written instructions given by the Assistant Engineer, O & M/PEDC, Palayakottai dated 04.01.2019. It is stated that the service connection No.078-001-526 is in the name of Thiru. Ponnusamy under Tariff IV. In the above service, the three phase supply is available upto the meter box, the connection point. As per TNERC norms, the consumer shall run his wiring from the connection point. Hence, consumer may avail supply from the above point of supply at any time.
7. Thus, the point raised by the writ petitioner has not been disputed in respect of providing the electricity power supply upto the Meter Box. This being the submission made on behalf of the respondent, this Court is of an opinion that the respondents are bound to ensure once again and verify the service connection and accordingly, provide the electricity supply upto the Meter Box/fuse carrier, enabling the writ petitioner to use the electricity as per the terms and conditions of the Tamil Nadu Electricity Supply Code. The respondents are directed to ensure that the power supply reaches upto the Meter Box/fuse carrier in respect of the connection provided to the writ petitioner within a period of one week and thereafter, it is for the writ petitioner to utilize the electricity service connection for irrigation purposes as per the terms and conditions.
8. This apart, the learned counsel for the writ petitioner across the Bar made a submission that the copy of the orders/judgments are supplied belatedly to the petitioners and to the respondents, by the Registry, High Court. Such complaints are frequently received from the members of the Bar, more specifically, when certain urgent orders/judgments are passed. The Registry is preparing and issuing the certified copy of the orders/judgments and on account of delay, the orders/judgments
