V SARASWATHIAMMAL, W/O A K VAJRAVELU PILLAI Vs. TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY BOARD; EXECUTIVE ENGINEER; ASSISTANT ENGINEER; CHENNAI METROPOLITAN DEVELOPMENT

JUDGEMENT

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

(2.) The petitioner was made to understand that the Tamil Nadu Electricity Board / respondents 1 to 4 are demanding completion certificate from the Chennai Metropolitan Development Authority, due to an observation made by the Hon'ble Division Bench of this Court in a case initiated by Consumer Action Groups and other against the Regularization Scheme of the Chennai Metropolitan Development Authority, the fifth respondent herein. The petitioner submits that but for that observation by the Hon'ble Division Bench, there is no corresponding legislative enactment or amendment in the Electricity Act, warranting or justifying such 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certificate / no objection certificate for effecting Electricity Service Connection, but lateron the same was withdrawn vide G.O.Ms.No.112, Energy (B1), dated 05.07.2004, whereby the Tamil Nadu Electricity Board was directed not to insist on completion certificate / no objection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 at present the Tamil Nadu Electricity Board started demanding completion certificate / no objection certificate for providing service connection without any such specific amendment to the enabling provision, viz., Section 43 of the Electricity Act 2003 (Central Act 36 of 2003.) The petitioner further submits that the subject building is strictly in accordance to the sanctioned plan accorded and in conformity to the exemption stipulated under the Development Regulations, but for some negligible unintentional increase in the first floor level and slight corresponding excess in Floor Space Index, however, well within the permissible norms of the Monitoring Committee of the Chennai Metropolitan Development Authority and Urban Development Department of the Government. The petitioner further submits that but for the above said facts, there is no major violation or excess in F.S.I. nor any difference in usage of the building warranting denial of the supply as held by the same Division Bench in W.A.No.1102 of 2007, in appeal filed by the Tamil Nadu Electricity Board, whereby the said appeal was dismissed as the deviations complained are minor in nature, in the absence of floor violation by order dated 04.09.2007. The petitioner further submits 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 20.04.2013. She further submits that 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 their 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 allowed those writ petitions. Neither the Tamil Nadu Electricity Board nor the Chennai Metropolitan Development Authority 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.