SOCIETY LTD Vs. SOCIETY LTD

JUDGEMENT

(1.) Since the point involved in the present writ petitions is one and the same, they are being disposed of by this common order.

(2.) The petitioners who are all members of the first respondent-Kuppam Rural Electricity Co-operative Society (for short "the respondent-Society') obtained electricity connections filed the present writ petitions seeking a direction to the respondents not to disconnect residential and agricultural electricity supply connections of the petitioners on extraneous grounds and consequential direction to supply electricity to the petitioners as per terms and conditions stating that they are the permanent residents of Jyothinagar and Adavibadugur villages in Chittoor District of Andhra Pradesh State. The said villages fall under Kuppam Assembly Constituency. On constitution of the first respondent- Society under A.P. Co-operative Societies Act (for short "the Act") to supply electricity within the Kuppam Assembly Constituency, the petitioners were provided with electricity connections by laying transformers, electric supply lines since 1994 onwards. While so, the first respondent tried to stop power supply to the petitioners on the ground that some of the portion of the bordering village falls within the State of Tamil Nadu. It is further stated that when there was no objection from neighbouring State when the respondent-society started electrifying the area by laying electric lines, they are not entitled to disconnect the power supply and at this stage if they are going to disconnect the power supply, the petitioners will suffer great hardship.

(3.) Opposing the claim of the petitioners, a counter-affidavit has been filed stating that the habitations of the petitioners are located not on the border of State of Andhra Pradesh but out-side the border of State of Andhra Pradesh, i.e., within the State of Tamil Nadu. So they are not the residents of Adavibadugur village as their lands, wells and houses fall within the jurisdiction of the State of Tamil Nadu but not Andhra Pradesh. The respondent-Society has laid transformers and supply lines on the presumption that the houses of the petitioners and their lands were within the territorial limits of State of Andhra Pradesh basing upon the applications submitted that they belong to State of Andhra Pradesh by giving survey numbers. Thus, the petitioners obtained connections by playing fraud. Very recently, it was brought to the notice of the respondent-Society that the society had given connections both domestic and agricultural to those villages within the territorial limits of the State of Tamil Nadu. The respondent-Society was formed to fulfil the needs of the people of Kuppam territorial constituency but not the neighbouring constituency, much less neighbouring State. It is further stated that the petitioners fall within the territorial jurisdiction of Tamil Nadu State, but not Andhra Pradesh State. The respondent society conducted a survey with the help of revenue authorities, survey party and discovered that the existing poles, transformers erected etc., were laid within the territorial limits of the State of Tamil Nadu by the respondent-Society. Therefore, the first respondent-Society tried to disconnect the connections which are not falling within the State of Andhra Pradesh. It is further stated that connections were obtained by playing fraud, therefore they are not to be regularized by this court under writ jurisdiction. All maps, sketches drawn by revenue authorities during the course of survey which were enclosed along with the counter-affidavit would show that the connections obtained by the petitioners are outside the Kuppam territorial constituency namely, within the State of Tamil Nadu. Even before taking any action, they rushed to this court and obtained interim direction not to disconnect power supply.