LAWS(MAD)-2019-11-910

SRI JAIN SWETAMBER TERAPANTH TRUST Vs. EXECUTIVE ENGINEER, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION

Decided On November 08, 2019
Sri Jain Swetamber Terapanth Trust Appellant
V/S
Executive Engineer, Tamil Nadu Generation And Distribution Corporation Respondents

JUDGEMENT

(1.) Writ Petition is filed for issuance of Writ of Certiorari calling for the records of the respondent relating to the notice dated 17.09.2011 in Lr. No. EE / O and M / My1 / AE / CAUP / F. General / D. No. 625 / 2011 and quash the same.

(2.) Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.

(3.) The case of the petitioner is that petitioner is the religious trust of a charitable nature engaged in religious and charitable activities in relation to Jainism. In the year 1983, the petitioner had purchased the land and building to an extent of 2 grounds and 1545 sq.ft. bearing old door No. 7, then No. 10 and now new No. 38, Singarachari Street, Triplicane, Chennai, from one M/s. Fine Hotels Pvt. Ltd., vide sale deed dated 09.09.1983 registered as Document No. 661/1983 on the file of the Sub-Registrar, Triplicane. After purchase, the petitioner to expand activities of the trust had purchased separate properties. The said separate properties were clubbed into a single property for their convenience and were being used for trust activities. It is the further case of the petitioner that the petitioner's trust has been paying its electricity consumption charges regularly and has been managing the above said properties as a single unit for ease of administration. While being so, without any proper inspection, the respondent issued impugned order dated 17.09.2011 as if the 6 numbers of LT service connection was effected in the name of trust, but service connection now utilised by the trust is a single establishment, which is in violation of terms and conditions of supply of electricity of TNERC distribution code clause 27(13). Challenging the same, the present writ petition is filed.