K.S. SUBBIAH Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE brief facts of the case are as follows: -

(2.) THE petitioners were made to understand that the Tamil Nadu Electricity Board / respondents 1 to 4 are demanding completion certificate from Chennai Metropolitan Development Authority due to an observation made by a Hon'ble Division Bench of this Court in a case initiated by consumer action groups and another against the regulation scheme of the CMDA. They further submit that but for that observation by the Hon'ble Bench, there is no corresponding legislative enactment or amendment in the Electricity Act, warranting or justifying such a demand of completion certificate / No objection certificate from the Chennai Metropolitan Development Authority. In fact earlier in the year 2002, there was a state amendment to demand completion certificate / no objection certificate for effecting electricity service connection but later the same was withdrawn vide G.O.Ms.No.112, Energy (B1), dated 05.07.2004, whereby, the Tamil Nadu Electricity Board was directed not to insist on completion certificate / no objection certificate from the Chennai Metropolitan Development Authority with effect from 10.06.2003, as the said condition was inconsistent and contrary to the Central Act as the electricity supply is in the concurrent list of the Indian Constitution.

(3.) THE petitioner further added that following this Division Bench's decision, this Court was pleased to consider several writ petitions after perusing the inspection report of the Chennai Metropolitan Development Authority, depending upon the nature of the deviations at the time of considering their applications for completion certificate and one such recent order was passed in W.P.No.5661 of 2013, dated 20.04.2014. Even in a decision rendered by this Court in W.P.No.2219 of 2012, dated 26.07.2012 and in W.P.No.3848 of 2012, dated 01.08.2012, this Court was pleased to decide against the Tamil Nadu Electricity Board, that in the absence of such provisions under the Act and Distribution Code, they are not justified in making a demand of completion certificate from Chennai Metropolitan Development Authority for providing electricity service connection and even went to the extent of holding "The authoritative pronouncement of this Hon'ble Court cannot be sustained in law" and allowed those writ petitions. Neither the Tamil Nadu Electricity Board nor Chennai Metropolitan Development Authorities have preferred any appeal against such decisions and had effected electricity to those petition premises, without insisting on production of completion certificate / no objection certificate from the Chennai Metropolitan Development Authority. Even as per the circular of the Tamil Nadu Electricity Board, dated 22.11.2006, all constructions less than 4 floors (ground + three floors) are considered as ordinary building and completion certificate was decided not to be demanded. The same was even given effect to by an order in W.A.No.2029 of 2013, filed by the Tamil Nadu Electricity Board under order dated 03.12.2013. Due to such unjustified demand by the Tamil Nadu Electricity Board, the petitioners are unable to get basic amenity so as to put the building to usage effectively as at present the building is in occupation. Hence, the petitioners entreat the Court for direction to the electricity board to give electricity service connection to their premises.