Case Note & Summary
The appellant, K. Girijaammal, appearing in person, sought a fresh electricity service connection for her residential building at Royapettah, Chennai. She claimed to have inherited the property from her mother and asserted that there was no title dispute. The respondents, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), insisted on production of title documents. The appellant filed a writ petition (W.P.No.11510 of 2021) seeking a direction for the connection. The learned single Judge, by order dated 19.01.2022, did not decide the matter on merits but granted liberty to the appellant to establish her title before the second respondent within two weeks from receipt of the order. Aggrieved, the appellant filed the present writ appeal with applications to condone delays in representation, payment of court fee, and filing the appeal. The court condoned the delays, taking note of the reasons stated in the affidavits. The main legal issue was whether the writ court’s direction to establish title was correct in law when the appellant claimed inheritance without dispute and sought a basic utility connection. The appellant argued that she need not prove title when she inherited the property and TANGEDCO unnecessarily insisted on documents. The respondents, through the Special Government Pleader, submitted that considering the appellant’s status as a senior citizen, authorities would provide all assistance and effect the connection after execution of an indemnity bond, without insisting on a title deed. The Division Bench analyzed the matter and held that under Regulation 27(4) of the Electricity Distribution Supply Code, even in case of a dispute, TANGEDCO authorities have the power to provide electricity service connection. Accepting the respondents’ fair submission, the court set aside the order of the learned single Judge and issued a positive direction to TANGEDCO to receive the application and provide electricity service connection immediately without delay. The appellant was directed to submit an application along with an indemnity bond and pay necessary charges as per rules. The appeal was allowed with no costs.
Headnote
A) Electricity Law - Supply Code - Entitlement to Service Connection - Electricity Distribution Supply Code, Regulation 27(4) - The appellant, a senior citizen, sought fresh electricity connection for a residential building inherited from her mother; TANGEDCO insisted on production of title deed; the writ court granted liberty to prove title, which was challenged in appeal. The appellate court held that even in case of a title dispute, Regulation 27(4) empowers TANGEDCO to provide connection upon execution of an indemnity bond. Directions were issued to provide connection without insisting on title deed, with the appellant submitting an application, indemnity bond, and paying necessary charges. (Paras 4-6)
Issue of Consideration
Whether the writ court's order granting liberty to the appellant to establish title before TANGEDCO was justified when the appellant claimed inheritance and sought fresh electricity service connection
Final Decision
The order passed in the writ petition is set aside. The writ appeal stands allowed. A direction is issued to the TANGEDCO authorities to receive the application and provide electricity service connection to the appellant's residential building immediately without delay. The appellant is directed to submit an application along with the indemnity bond and pay necessary charges as per the rules in force. No costs.
Law Points
- Legal points not extracted
- Under Regulation 27(4) of the Electricity Distribution Supply Code
- even in case of a title dispute
- TANGEDCO authorities are empowered to provide electricity service connection upon execution of an indemnity bond without insisting on title documents
