Deepak Innov Infrastructure Limited vs The District Collector

B. Rajendran, J.—By consent, the main writ petition itself is taken up for final disposal.

The prayer in the writ petition is to quash the order dated dated 19.04.2014 passed by the fourth respondent in order No.EE/O&M/M.Pa./N.A/Z, Grievance/No. 049/2014-15 and consequently to direct the respondents to effect L.T. Electricity service connection to the factory premises of the petitioner bearing R.S. No.1050/2, 46, Pudur Village, Jeevanantham Street, Kasipalayam Municipality, Raghupathinaickenpalayam, Erode 638 002.

The case of the petitioner is that, the petitioner is a small scale industry manufacturing ready mix concrete and concrete pump for construction purposes. According to the petitioner, they are running the said unit by using Generator. Since, producing the energy by using Generator is exorbitant, the petitioner had submitted the necessary application before the fourth respondent for providing low tension electricity service connection. But unfortunately, the fourth respondent did not provide the same on the ground that some of the village people have objected. Hence, the present writ petition.

Learned Senior counsel appearing for the petitioner would submit that the petitioner has obtained necessary permission from the Tamil Nadu Pollution Control Board for both air and water pollution. However, the fourth respondent has stated that the petitioner has to obtain No Objection Certificate from the Block Development Officer, which is not required under law. He would further submit that the petitioner has obtained No Objection from atleast 100 persons in that locality in writing. Learned Senior counsel also submitted that the petitioner is prepared to execute the indemnity bond also for providing the electricity service connection. Accordingly, he would pray for setting aside the impugned order and for providing low tension electricity service connection to the petitioner-industry.

Learned Standing counsel appearing for the respondent-Tamil Nadu Electricity Board by relying upon the counter filed by the fourth respondent would submit that the public residing near that area has given an objection letter to the third respondent for providing electricity service connection to the petitioner industry on the ground that there is a lot of cement dust, black and sand dust falling over their house causing lot of problem to their health. Hence, the petitioner was directed to get No Objection Certificate from the Block Development Officer, Erode. The respondent-Electricity Board would further contend that the petitioner has to comply with the condition as per clause 27(6) of the Tamil Nadu Electricity Distribution Code, 2004 and since the petitioner has not complied with the same, the respondents could not effect the electricity service connection and their application is kept pending.

Heard both sides and perused the records.

A mere perusal of the records would show that the petitioner along with the necessary application for obtaining low tension electricity service connection has also enclosed the No Objection Certificate issued by the Tamil Nadu Pollution Control Board for both air and water pollution vide proceedings No.F.ERD/1145/GS/DEE/TNPCB/ERD/A/2014 dated 29.04.2014 and proceedings No.F.ERD/1145/GS/DEE/TNPCB/ERD/W/2014 dated 29.04.2014, which are valid upto 31.12.2016 [enclosed in the typed set of papers at Page Nos. 18 and 20]. In addition to that, they have also submitted the No Objection Certificate obtained in writing from atleast 100 persons from the village nearby the petitioner-industry and the same also has been communicated to all the authorities concerned, including the District Collector. When that being so, the respondents cannot simply deny the electricity service connection to the petitioner-industry due to the objection letter given by some of the village persons. Learned Senior counsel has also submitted before this Court that the petitioner is prepared to execute the indemnity bond to safe guard the interest of the Electricity Board.

Considering the above said facts and circumstances of the case, the impugned order passed by the fourth respondent, merely because some villagers have objected, is not valid in the eye of law and that too when the petitioner has obtained No objection Certificate from the Tamil Nadu Pollution Control Board, which also has been communicated to the authorities concerned. In that view of the matter, the impugned order passed by the fourth respondent is set aside and the matter is remitted back to the authorities concerned to consider afresh. The respondents, after providing an opportunity to the petitioner, shall pass appropriate orders in accordance with law including the execution of indemnity bond, for providing the electricity service connection, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction and observation this writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.