V ANAND TIRTHA Vs. TAMIL NADU ELECTRICITY BOARD; CHIEF COMMERCIAL ENGINEER, TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER; ASSISTANT ENGINEER (O&M); CHENNAI METROPOLITAN DEVELOPMENT

JUDGEMENT

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

(2.) The petitioner further submits that in view of the exemption granted by the Government with respect to the provisions governing set back, spaces, FSI, Car parking and minimum plot extension, the building is fully eligible for issuance of completion certificate by the fifth respondent. The petitioner further submits that even though the building is structurally completed and qualified for providing service connection, some finishing work is yet to be completed for want of funds. However, an application was made to the fourth respondent on 16.04.2013 along with the copy of G.O.Ms.No.51, dated 19.07.2012 granting exemptions together with all necessary charges germane for such provision of Electricity connection.

(3.) The petitioner further added that the fourth respondent while processing his application, returned the same vide their letter dated 24.06.2013 calling upon him to produce completion certificate from the fifth respondent along with few other compliances and accordingly returned his application and to resubmit it after such compliance. The petitioner further submits that he is willing and ready to comply with all the rectifications sought for by the fourth respondent except for the production of completion certificate from the fifth respondent. The petitioner further submits that even the planning permit that was directed by the Government to be issued by the fifth respondent is under process and kept pending inordinately by the fifth respondent. However, it is purely a formality in view of the exemption accorded by the Government. Therefore, the respondents/TNEB cannot insist and withhold effecting of electricity service connection for such reason, when the Government has positively indicated and directed the CMDA to grant approval. However, the petitioner undertakes to produce the said as and when accorded by the fifth respondent and therefore, withholding processes of electricity connection on that score would be totally unjustifiable and in contravention to Section 43 of Indian Electricity Act.