K.THANGAVEL Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) The petitioner herein is an agriculturist having land in S.No.424/1, Vaikuntham Village, Sankari Taluk, Salem District. In the same survey number, there are other owners who are all blood relatives of the petitioner. The common Well in the said survey number is owned by four persons including the petitioner herein. The petitioner has installed a pump set in the said Well and was having a electricity service connection (SC No.167-003- 201) common for all the four owners. When the said Well went dry, the fourth respondent and the petitioner have dug separate bore Well for their exclusive use and the existing electricity service connection SC No.167-003- 201 was used to draw water from the bore Well dug by the petitioner. By efflux of time, the said bore Well also become dry and hence, the petitioner has dug another bore Well in the same survey number during the month of April 2018 and sought for shifting of electricity service connection SC No.167-003-201 to the new bore Well.

(2.) The second respondent on receiving his application insisting No Objection Certificate (NOC) from the fourth respondent for shifting the service connection. According to the petitioner, the respondents 1 to 3 are acting upon the influence of the fourth respondent and the impugned letter dated 07.05.2019 issued without any legal sanction and contrary to the conditions stipulated under the Tamil Nadu Electricity Supply Code and the Tamil Nadu Electricity Distribution Code.

(3.) According to the petitioner, the land and the Well stands in the name of Co-pattadarars including the petitioner. But the service connection bearing SC No.167-003-201 exclusively stands in the name of the petitioner. There is no legal impediment to transfer the said service connection to the bore dug in the land of the petitioner. Without mentioning the provision of law which mandates NOC from the Co-pattadarars, the first respondent has issued the impugned letter contrary to the Tamil Nadu Electricity Supply Code and the Tamil Nadu Electricity Distribution Code. Earlier, when the petitioner shifted the service connection to the open Well to the bore Well, the respondents 1 to 3 without demanding NOC from anyone, permitted the petitioner to shift the service connection. But now, at the instance of the fourth respondent, the respondents 1 to 3 demanding NOC from the petitioner which is not required under the law.