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N. SATHISH KUMAR
Mahalakshmi Plastics – Appellant
Versus
Puducherry Industrial Promotion Development and Investment Corporation Limited – Respondent
ORDER :
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 2 to 4 to effect new power supply to the petitioner's industry at the Industrial Plot allotted in No. B-57, measuring 648 Sq.M. comprised in R.S.No. 37/2 (Part) and R.S.No. 37/4 (Part) at PIPDIC Industrial Estate, Sedarapet Revenue Village, Puducherry without reference to any alleged arrears of the erstwhile allottee of the said industrial plot.
1. This writ petition has been filed seeking a Mandamus directing the Respondents 2 to 4 to effect new power supply to the petitioner's industry at the Industrial Plot allotted in No. B-57, measuring an extent of 648 Sq.M., comprised in R.S.No. 37/2 (Part) and R.S.No. 37/4 (Part) at PIPDIC Industrial Estate, Sedarapet Revenue Village, Puducherry without reference to any alleged arrears of the erstwhile allottee of the said industrial plot.
2. It is the case of the writ petitioner that petitioner firm was allotted the industrial Plot bearing No. B-57, measuring an extent of 648 Sq.M. in R.S.No. 37/2(Part) and R.S.No. 37/4(Part) at PIPDIC Industrial Estate, Sedarapet, Puducherry on lease basis. A lease
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
An encumbrance to be a charge must be such a burden on land which, by reason of a statutory provision diminishes value of the land and such a burden, therefore, is capable of being found out on inspe....
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
The main legal point established in the judgment is that the Electricity Act imposes a statutory duty on the respondents to provide electricity connection to the petitioner within a specified period,....
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
The main legal point established in the judgment is that the electricity board cannot claim outstanding dues from the auction purchaser if no charge was created on the property, and electricity dues ....
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