R C DIOCESE OF SIVAGANGAI Vs. ASSISTANT ELECTRICAL ENGINEER CITY DISTRIBUTION TAMIL NADU ELECTRICITY BOARD MADURAI

JUDGEMENT

(1.) All these petitioners are corporate bodies seeking for quashing of orders passed by the authorities of the Electricity Board declining free supply of electricity and consequential order directing the authorities to effect free supply of electricity.

(2.) With effect from 1-8-1990, the Schedule to the Tamil Nadu Regulation of Tariff Rates of Supply of Electrical Energy Act, 1978 was amended so as to make free supply of electricity to agricultural connections. However, various authorities, including the Secretary to Government, have clarified that free supply is extended only to the agriculturists and not to corporations, local authorities and organisations like trusts. According to them, the benefits given to agriculturists cannot be extended to other than agriculturists. In effect, the writ petitions are directed against such clarification.

(3.) K. Govindarajan, J. in a common order in W.P. No. 11031 of 1999 etc., by order dated 1-9-1999 has taken the view that the Government order refers to "agriculturists" and there is no further qualification prescribed for getting the concession. According to the learned Judge, a mere clarification in the form of a letter, cannot override the statutory provisions, in the absence of restriction to the word "agriculturists", the concession should be given to the petitioners as they are agriculturists.