HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.41212 of 2014 Date:31.12.2014 Between: S.Srinivas, S/o Hanumanulu . Petitioner And:
The Telangana State Southern Power Distribution Company Limited, reptd by its Chairman and two others.
. Respondents Counsel for the Petitioner: Sri K.Ravinder Reddy For Sri M.A.K.Mukheed Counsel for the Respondents: Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in levying three times the normal tariff as illegal. The petitioner has also sought to declare the action of the respondents in not releasing the power supply in respect of two Service Connection Nos.140240554 to 140240559, which have already been sanctioned, as illegal and arbitrary.
As regards the first part of the prayer, this Court in Writ Petition No.35603 of 2014 by order, dated 24.11.2014, held that levy and collection of three times the normal tariff is beyond the power and jurisdiction of the respondents. Following the said judgment, the Writ Petition to the extent of levying higher tariff is allowed with the direction that the reasons and directions contained therein shall form part of this order.
As regards the grievance that the respondents have not been releasing the power supply in respect of the above-mentioned two Service Connections, as held in the above-mentioned judgment there is a statutory obligation on the owner of every building constructed above the stipulated height to obtain the Occupancy Certificate under the provisions of the Greater Hyderabad Municipal Corporation Act, 1955. Unless the petitioner obtains the Occupancy Certificate or avails the appropriate legal remedy in respect thereof, no Mandamus can be issued to release the power supply in respect of the above- mentioned Service Connections. Therefore, the second part of the relief claimed in the Writ Petition is rejected and the Writ Petition is dismissed to that extent.
As a sequel to disposal of the Writ Petition, WPMP.No.51595 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
31st December 2014 DR JUSTICE C.V.NAGARJUNA REDDY