Madras High Court
S.Velayutham vs The Chairman on 4 January, 2021
W.P.No.19522 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.No.19522 of 2020
and W.M.P.No.24137 of 2020
S.Velayutham ...Petitioner
Vs.
1.The Chairman
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Annasalai, Chennai 600 002
2.The Superintending Engineer
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Erode District
3.The Assistant Executive Engineer
(Operation and Maintenance)
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Erode Distribution Circle
Modakurichi 638 104
Erode District ...Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of
India, to issue a writ of Certiorari, to call for the records relevant to the
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W.P.No.19522 of 2020
order in D.No.Vu.Po./E.Pe/Moku/Va.Aa/Ko./No.248a/2020-21 dated
06.11.2020 passed by the 3rd respondent and quash the same.
For Petitioner : Mr.M.Palanisamy
For Respondents : Mr.N.Damodaran
Standing Counsel
ORDER
(The case has been heard through video conference)
This petition has been filed by the petitioner, seeking to call for the
records relevant to the order in D.No.Vu.Po./E.Pe/Moku/Va.Aa/Ko.
/No.248a/2020-21 dated 06.11.2020 passed by the 3rd respondent and
quash the same.
2.The learned standing counsel appearing for the respondents
would submit that as per Section 17 of the Tamil Nadu Electricity Supply
Code, the pending payments of the erstwhile vendors shall be collected
from the present owner. He would further relied upon the latest
Judgment of the Hon'ble Supreme Court, vide order dated 01.06.2020 in
Civil Appeal No.1815 of 2020 (Telungana State Southern Power
Vs.M/s.Srigdha Beverages). The relevant paragraph is extracted
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W.P.No.19522 of 2020
hereunder:
“15.We have gone into the aforesaid judgments as it
was urged before us that there is some ambiguity on the
aspect of liability of dues of the past owners who had
obtained the connection. There have been some differences in
fats but, in our view, there is a clear judicial thinking which
emerges, which needs to be emphasized.
A.That electricity dues, where they are statutory
in character under the Electricity Act and as per the terms
and conditions of supply cannot be waived in view of the
provisions of the Act itself more spefificlly Section 56 of the
Electricity Act, 2003 (in part materia with Section 24 of the
Electricity Act, 1910) and cannot partake the character of
dues of purely contractual nature.
B.Where, as in cases of the E-auction notice in
question, the existence of electricity dues, whether quantified
or not, has been specifically mentioned as a liability of the
purchaser and the sale is on AS IS WHERE IS, WHATEVER
THERE IS AND WITHOUT RECOURSE BASIS, there can be
no doubt 10 (supra) that the liability to pay electricity dues
exists on the respondent (purchaser).
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W.P.No.19522 of 2020
C.The debate over connection or reconnection
would not exist in cases like the present one where both
aspects are covered as per Clause 8.4 of the General Terms &
Conditions of Supply.
3.In view of the above decision held by the Hon'ble Supreme Court,
vide order dated 01.06.2020 in Civil Appeal No.1815 of 2020 (Telungana
State Southern Power Vs.M/s.Srigdha Beverages), this court is not
inclined to entertain this writ petition. It is open to the petitioner to make
the payment to the Electricity Department and recover it from his
erstwhile vendor.
4.With the above observation, this Writ Petition stands disposed of.
Consequently, the connected miscellaneous petition is closed. No costs.
04.01.2021
Index: yes / no
Internet : yes / no
Speaking / Non speaking order
kas
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W.P.No.19522 of 2020
To
1.The Chairman
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Annasalai, Chennai 600 002
2.The Superintending Engineer
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Erode District
3.The Assistant Executive Engineer
(Operation and Maintenance)
Tamil Nadu Generation and
Distribution Corporation Ltd.,
Erode Distribution Circle
Modakurichi 638 104
Erode District
https://www.mhc.tn.gov.in/judis/
W.P.No.19522 of 2020
B.PUGALENDHI, J.
kas
W.P.No.19522 of 2020
04.01.2021
https://www.mhc.tn.gov.in/judis/
