Madras High Court
E.Vishal vs 5 K.M.Vishnu Vardhan on 17 June, 2022
W.P.No.28078 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.28078 of 2021 &
W.M.P.Nos.29645 of 2021 &
W.M.P.No.8541 of 2022
E.Vishal ... Petitioner
vs.
1 The Chairman cum Managing Director,
TANGEDCO, 5th floor, Eastern wing
NPKRR Maaligai 144 Anna salai,
Chennai-600 002
2 The Chief Engineer (Chennai South),
TANGEDCO 2nd floor Eastern wing
NPKRR Maaligai, 144 Anna salai,
Chennai-600 002
3 The Divisional Engineer
TANGEDCO, TamilNadu Electricity Board
50 Ramasamy salai Sector-2 KK Nagar
Chennai- 600 078
4 The Assistant Engineer
TANGEDCO Tamil Nadu Electricity Board,
50, Ramasamy salai Sector 2 KK Nagar,
Chennai- 600 078
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
5 K.M.Vishnu Vardhan ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the respondents 1 to 4 herein to provide new
electricity service connection to the petitioner's property bearing Old Survey
No.114/1 and New Survey No.5/1, Thiruvalluvar 1st Street, Nesapakkam,
Chennai – 600 078 in the name of the petitioner.
For Petitioner : Mr.C.Kasirajan
For Respondents 1 to 4 : Mr.L.Jaivenkatesh,
Standing Counsel
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondents 1 to 4 to provide new electricity service
connection to the petitioner's property bearing Old Survey No.114/1, New
Survey No.5/1, Thiruvalluvar 1st Street, Nesapakkam, Chennai – 600 078.
2. The petitioner claims that he purchased the property from the fifth
respondent under a sale deed dated 19.03.2019. According to the petitioner,
after the purchase, he has been regularly paying the electricity charges to the
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
respondents 1 to 4 without committing any default. According to the
petitioner, he has demolished the building and is in the process of putting up
new construction and hence, he has applied for new electricity service
connection in his name. However, the said application has not been
considered by the respondents 1 to 4 till date on the ground that the fifth
respondent who is the vendor of the petitioner is in arrears of electricity
charges payable to the respondents 1 to 4 amounting to Rs.30,04,170/-.
According to the petitioner, he is not liable to pay the said charges. The
petitioner has also produced before this Court a letter sent by his vendor to
the respondents 1 to 4 undertaking to pay the outstanding dues. It is also the
case of the petitioner that he is a bonafide purchaser as he was not aware of
the outstanding dues payable by the vendor at the time of purchase of the
subject property. In such circumstances, the petitioner has filed this writ
petition.
3. Heard Mr.C.Kasirajan, learned counsel for the petitioner and
Mr.L.Jaivenkatesh, learned Standing Counsel appearing for the respondents
1 to 4.
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
4. Learned counsel for the petitioner would rely upon the judgment of
the Hon'ble Supreme Court in the case of Paschimanchal Vidyut Vitran
Nigam Ltd & Others vs. M/s.DVS Steels & Alloys Pvt. Ltd. & Others
reported in CDJ 2008 SC 1866 and in particular, he referred to paragraph 9
of the said judgment. The relevant portion of the said judgment is extracted
hereunder:
“ 9. ...... A purchaser of a premises, cannot be foisted
with the electricity dues of any previous occupant, merely
because he happens to be the current owner of the
premises. The supplier can therefore neither file a suit nor
initiate revenue recovery proceedings against a purchaser
of a premises for the outstanding electricity dues of the
vendor of the premises, in the absence of any contract to the
contrary.”
5. Learned counsel for the petitioner would also rely upon the
judgment of the Jharkhand High Court in the case of Binay Prakash vs.
Jharkhand State Electricity Board and others dated 11.02.2009 which has
followed the aforementioned decision of the Hon'ble Supreme Court.
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
6. Learned Standing Counsel appearing for the respondents 1 to 4
would rely upon Regulation No.17 clause 9A of the Tamil Nadu Electricity
Supply Code and would submit that new electricity service connection can
be granted only if the previous outstanding dues are paid. The said
statement is recorded.
7. However, this court is of the considered view that no prejudice
would be caused to the respondents if the petitioner's application seeking for
new electricity service connection is considered on merits and in accordance
with law after affording a fair hearing to the petitioner and also considering
the judgments relied upon by the learned counsel for the petitioner which
has been referred to supra.
8. For the foregoing reasons, this Court directs the fourth respondent
to give due consideration to the documents filed by the petitioner as well as
the judgments referred to supra and pass final orders on the petitioner's
application dated 28.09.2021 seeking for a new electricity service
connection in his name for his property bearing Old Survey No.114/1 and
New Survey No.5/1, Thiruvalluvar 1st Street, Nesapakkam, Chennai – 600
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
078 within a period of eight weeks from the date of receipt of a copy of this
order after affording a fair hearing to the petitioner including granting him a
right of personal hearing.
9. With the aforesaid directions, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
17.06.2022
nl
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
To
1 The Chairman cum Managing Director,
TANGEDCO, 5th floor, Eastern wing
NPKRR Maaligai 144 Anna salai,
Chennai-600 002
2 The Chief Engineer (Chennai South),
TANGEDCO 2nd floor Eastern wing
NPKRR Maaligai, 144 Anna salai,
Chennai-600 002
3 The Divisional Engineer
TANGEDCO, TamilNadu Electricity Board
50 Ramasamy salai Sector-2 KK Nagar
Chennai- 600 078
4 The Assistant Engineer
TANGEDCO Tamil Nadu Electricity Board,
50, Ramasamy salai Sector 2 KK Nagar,
Chennai- 600 078
https://www.mhc.tn.gov.in/judis
W.P.No.28078 of 2021
ABDUL QUDDHOSE, J.
nl
W.P.No.28078 of 2021
17.06.2022
https://www.mhc.tn.gov.in/judis
