High Court · 2025

W.P.No.36252 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.02.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.36252 of 2024P.S.Ponnuswamy.. Petitioner Versus1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Gobi Electricity Distribution Circle, Erode - 638 009.2. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Nambiyur, Erode - 638 458.3. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Nambiyur/West, Nambiyur - 638 458.4. The Block Development Officer,1/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024 (Village Panchayat), Nambiyur, Nambiyur - 638 458... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in his proceedings in Ka.No.EMePo/EPe/North/Nambiyur/KoThani/No.74/2024, dated 06.09.2024 and quash the same as illegal and consequently direct the respondents to shift the Agricultural Electricity Service Connection No.31700815 from the Well situated at S.No.154/2 to the Well situated at S.No.118/4, Polavapalayam village, Nambiyur taluk, Erode district.For Petitioner: Mrs.V.Pavithra, for Mr.K.SasindranFor Respondents: Mr.I.Syed Sibquthullaa, Standing Counsel, for RR-1 to 3: Mr.S.Balamurugan, Government Advocate, for R4ORDERThis Writ Petition is filed for a Certiorarified Mandamus calling for the records on the file of the third respondent relating to the order, dated 06.09.2024, to quash the same and consequently, direct the respondents to shift the agricultural electricity service connection No.31700815 from the 2/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024Well situated at S.No.154/2 to the Well situated in S.No.118/4, Polavappalayam village, Nambiyur taluk, Erode district.2. The brief facts, in which, the present Writ Petition arises is that the petitioner was originally the owner of the property at S.No.154/2. The petitioner has an agricultural connection in respect of the said survey number. There is also a Well in the said survey number. In a part of the said land, the petitioner is no more doing any agricultural activity. He is retaining only the Well and the service connection and he developed rest of the portion into residential plots and sold to third parties. Under the said circumstances, there is another agricultural land belonging to the petitioner, which is situated at a distance of 600 meters in S.No.118/4 of the same village. The petitioner applied for shifting of the connection to the said survey number. The same is rejected on the ground that originally, the petitioner has violated the terms of the agreement.3/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 20243. The learned Counsel for the respondents would contend that as per regulation 33(4), if the terms and agreement are violated, then, the respondents are entitled to issue notice to the petitioner and cancel the connection. Under the said circumstances, if the original agreement is for agricultural purposes, the same stands violated by converting it into residential plots and selling the same. Therefore, the petitioner is not entitled for the shifting. 4. On the other hand, as rightly pointed by the learned Counsel for the petitioner, the amended rule relating to shifting reads as follows:-"In the said Supply Code, in regulation 5, in sub-regulation (6), for clause (3), the following clause shall besubstituted, namely:-"3 (1) Shifting of an existing service connection, other than an agricultural service connection, involving change in door number or sub door number or survey field number, shall be considered as a new service connection only.(2) (i) Shifting of an existing agricultural service connection may be permitted within the licensee’s jurisdiction. The charges of dismantling in the existing location and erection in the newly proposed location towards the shifting shall be borne by the consumer under 4/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024Deposit Contribution Works (DCW) basis.(ii) Shifting of the existing agricultural service connection will be considered only under the following conditions: (a) Shifting is permissible after one year from the date of effecting the service connection in the existing location or from the date of previous shifting if any.(b) The applicant should have ownership in the well and the service connection at the existing location and the ownership of the well in the proposed location (c) The well at the existing location owned by co-owner(s), should be having separate service connection(s). If the well at the existing location is owned by co-owner(s), but not having separate service connection(s), the consent of co-owner(s) shall be obtained and enclosed with the application.(d) The well and service in the original location should be owned by the applicant(s) on the date of application and they should continue to be owned by the applicant(s) till the date of shifting the service to the new location.(iii) Shifting shall be considered irrespective of the reasons, put forth by the consumer. (iv) Shifting shall be considered, even if the well/ bore well ceased to exist.(v) Shifting shall be considered even if the land alone is sold for non - agricultural purpose, retaining the well and service.(vi) The request for shifting shall be accompanied with a fresh application in form 2 of annexure III appended to the Tamil Nadu Electricity Distribution Code, with relevant documents and registration fee.(vii) Before taking up the work in the newly proposed location, the applicant shall make payment of shifting charges and report readiness of motor-pump set with installation to avail supply in the new location and execute an agreement in Form-6 appended to Tamil Nadu 5/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024Electricity Distribution Code, with the distribution licensee for the new location. On compliance, the licensee shall complete the work and give supply and take a test report." (emphasis supplied)5. Under Rule 3(2) sub-rule (v), shifting shall be considered even if the land alone is sold for non-agricultural purpose, retaining the Well and service. In this case, the petitioner has retained the Well and service. Therefore, the prayer is to be considered as per the shifting regulations.6. Even though the respondents were entitled to cancel the connection, such an exercise was not done till the date of request made by the petitioner. In view thereof, this Writ Petition deserves to be allowed.7. Accordingly, this Writ Petition is allowed. The impugned order, dated 06.09.2024 is quashed. The third respondent is directed to shift the connection of the petitioner from S.No.154/2 to the Well situated in S.No.118/4, Polavappalayam village, Nambiyur taluk, Erode district in 6/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024accordance with law. Needless to mention that the petitioner shall bear all the incidental charges as per the rules. There shall be no order as to costs. 06.02.2025Neutral Citation: yesgrsTo 1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Gobi Electricity Distribution Circle, Erode - 638 009.2. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Nambiyur, Erode - 638 458.3. The Assistant Engineer, Operation and Maintenance, TANGEDCO, Nambiyur/West, Nambiyur - 638 458.4. The Block Development Officer,7/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024 (Village Panchayat), Nambiyur, Nambiyur - 638 458.8/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 2024D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.36252 of 20249/10 https://www.mhc.tn.gov.in/judis W.P.No.36252 of 202406.02.2025 10/10