Advocates:
['m/s s venkatesh', '', 'S JAGANATHAN', 'S K RAMESHUWAR SC TANGED CO']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.5385 of 2018

and

W.M.P.No.6616 of 2018

SRG Apparels Pvt., Ltd.,

Rep.by Rangasamy

Authorized Signatory

No.10-B, Padmavathipuram,

Thirupur – 641 603.

..Petitioner

vs

1.The Ombudsmen,

Tamil Nadu Electricity Ombudsmen,

No.19A, Rukmini Lakshmipathy Salai,

(Marshal Road)

Egmore, Chennai – 600 008.

2.The Principal Secretary to Government,

Hand Loans Handicrafts Textiles

and Khadi Departments,

Fort St.George, Chennai – 9.

3.The Chairman,

Consumer Grievance Redressal Forum,

TANGEDCO, Tirupur – 641 602.

4.The Superintending Engineer,

Tiruppur Electricity Distribution Circle,

TANGEDCO, 19A, Jyothi Nagar,

Perumal Nallur Road,

Tiruppur – 641 603.

.. Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India praying to issue a Writ of Certiorarified

Mandamus, calling for the records on the file of the 1st

respondent in his proceedings passed in Appeal No.52 of 2017

dated 11.01.2018 and quash the same and illegal unlawful and

arbitrary and consequently direct the 4th respondent to transfer

the electricity connection HTSC No.537 from M/s.Design Process

to M/S. SRG Apparels Pvt Ltd.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.S.Venkatesh

For Respondents : No appearance for R1 & R3

M/s.R.Janaki,AdditionalGovernment Pleader

for R2

Mr.S.K.Raameshwar, Standing counsel for EB

for R4

O R D E R

The order of rejection passed by the 1^st respondent in

proceedings dated 11.01.2018, rejecting the claim of the writ

petitioner for transfer of name in respect of the Electricity

service connection provided in the writ petitioner premises is

under challenge in this writ petition.

2.The learned counsel appearing on behalf of the writ

petitioner states that the writ petitioner is a Company and they

are the Manufacturer and exporter of Cotton Knitted Ready Made

Garments to high Street buyers of reputed brands in UK, USA and

European country with a Annual turnover of 220 Crores. The

company has its own spinning mill near Udumalpet and Garment

Factories in and around of Tirupur District. The writ petitioner

is now running the company at No.10-B, Padmavathipuram, Tirupur.

The original owner of the premises is one Mr.S.Saravana Kumar.

The original owner entered into a lease agreement with the

petitioner Company on 23.01.2017 for a period of 29 years. The

lease deed is submitted before this Court and the learned

counsel for the petitioner states that when the lease is granted

in favour of the writ petitioner for 29 years, the petitioner

has to effect name transfer necessarily in respect of the

Electricity service connection to avail benefits provided to the

companies by the Electricity Board then and there. When the

Electricity service connection stands in the name of the

original owner, then the petitioner may not be in a position to

avail the benefits granted by the Government for the

manufacturers of this garments and other products. Thus, the

petitioner was constrained to submit an application, seeking

name transfer in order to avail the benefits to be provided by

the Government for the users of the Electricity Power supply.

3.The application submitted by the writ petitioner was not

considered by the Board authorities and the writ petitioner

approached the Tamil Nadu Electricity Ombudsmen, Chennai. The

Ombudsmen, Chennai also rejected the claim of the writ

petitioner on the ground that as per the Electricity Supply

Code, the writ petitioner is not an owner of the premises and

only in the event of the transfer of title of the property, the

name transfer can be effected in favour of the writ petitioner.

In case of lessees, a fresh application is to be submitted for

providing Elect