The petitioner has filed the above writ petition to quash the proceedings of the third respondent, dated 14.11.2008 and for a further direction to consider his representation dated 30.12.2008 and re-connect the supply in respect of electricity supply connection S.No.Ma.750 forthwith.
2.It is stated by both the learned counsel that pursuant to an interim order the electricity supply has already been restored on 20.04.2009. The only issue is to be considered is whether the petitioner is entitled to service connection for his premises since the land is a poramboke land.
3.This issue is to be considered as no longer res integra, in view of the regulation framed in this regard namely, the Tamil Nadu Electricity Distribution (Amendment) Code, 2004. The said amended Regulation 2 reads as follows: "2.Amendment Regulation:
(1)Regulation 27 sub-regulation (12) is substitute with the following (12) supply shall be given in poromboke land on production of
(i)No objection certificate obtained from the Officer (not below the rank of Deputy Tahsildar) or
(ii)where such no objection certificate could not be produced by the applicant for service connection the following undertaking shall be furnished:
(1)I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are required by the Government and or any dispute arises at a later date and the electricity supply given in this regard will not confer any claim on ownership of the land (2)I am aware that the above undertaking shall not confer permanent and full right to the ownership of the land.
2.In Annexure iii, in form No.3, in Item No.7, after sub-item, the following shall be added
d)It is built in the poromboke land and I furnish the following undertaking (1)I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are requires by the Government and or any dispute arises at a later date and the electricity supply given in this regard will not confer any claim on ownership of the land.
(2)I am aware that the above undertaking shall not confer permanent and full right to the ownership of the land".
4.The learned standing counsel appearing for the respondents Board would place reliance upon a clarification issued by the Government dated 11.11.2008 by which they have stated that the power supply to poramboke lands could be extended only for residential dwellings and do not apply in respect of commercial/industrial buildings constructed on poramboke lands.
5.It is to be noted that in Paragraph 10 of the affidavit the petitioner has specifically raised a point regarding the discrimination meted out to him and stated that in respect of 53 persons electricity service connection given by the respondent Board and they have been carrying their business on poramboke land and admittedly, such connection as commercial purposes. However, this specific averment has not been denied in the counter affidavit except for placing reliance upon the clarification dated 11.11.2008. It cannot be disputed that a clarification cannot supercede or clarify the effect of statutory rule or regulation. Admittedly, regulations formulated under the Tamil Nadu Distribution Code does not create a class among the persons in occupation of poramboke land. The requirement for securing such service connection are stated under Sub Regulation 12 of Regulation 27, and therefore, any clarification could only supplant a statutory regulation and cannot supplement the same. That apart, this clarification dated 11.11.2008, the petitioner has been enjoying service connection for several years much earlier to the clarification. Therefore, while holding that the clarification cannot nullify the effect of the statutory regulation, further cannot be made applicable to the case on hand. That apart, it is to be noted that 53 persons in the same area who are also running small commercial establishments have been given connection. Even assuming the said regulation is made applicable, it says that such service connection can be granted to residential buildings and not to commercial buildings/industrial buildings constructed on poramboke lands. Learned counsel for the petitioner would submit that the petitioner is running a small petty shop in the premises of to eke his livelihood and he cannot be construed to have put up a commercial building or any industrial building, on that score also, I am inclined to accept the contentions of the learned counsel for the petitioner.
6.Accordingly, the writ petition is allowed. No costs. Consequently, M.P.No.1 of 2009 is closed.
sms To
1.The Additional Director General of Police, Vigilance, Tamil Nadu Electricity Board, Chennai.
2.The Superintending Engineer, Tamil Nadu Electricity Board, Madurai Metro Electricity Distribution Circle Office, Madurai -7.
3.The Assistant Engineer Distribution, Villapuram Section/Metro, Tamil Nadu Electricity Board, Madurai - 11.