D. SARAVANAN versus SUPERINTENDING ENGINEER TANGEDCO TNEB DISTRIBUTION CIRCLE & ORS.

D. SARAVANAN versus SUPERINTENDING ENGINEER TANGEDCO TNEB DISTRIBUTION CIRCLE & ORS.

Respondents cannot reject the appellant's application based on a defect (non-remittance of Rs.50/- registration fee) not indicated at the time the application was first returned; application entitled to consideration from the date of resubmission (21.03.2011) per Clause 27 of the Tamil Nadu Electricity Distribution Code, 2004.

Parties
Appellant: D. Saravanan; Respondent: Superintending Engineer, TANGEDCO TNEB Distribution Circle & Ors.
Jurisdiction
India
Judgment Date
12 April 2018
Procedural Posture
Civil Appeal / Supreme Court Disposition of Appeal Against Division Bench Judgment
Outcome
Appeal disposed of; partly allowed
Legal Topics
Electricity Distribution, Statutory Procedure, Defect Remediation in Applications, Seniority of Applications
Electricity Law Administrative Law Electricity Distribution Statutory Procedure Defect Remediation in Applications Seniority of Applications

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Parties

D. Saravanan

Appellant

Superintending Engineer, TANGEDCO TNEB Distribution Circle & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Disposition of Appeal Against Division Bench Judgment

Legal Issues

  1. 1 Whether the appellant's agricultural electricity connection application should be considered from original submission or resubmission date
  2. 2 Whether non-remittance of registration fee justified rejection of appellant's claim
  3. 3 Respondents' statutory obligation to indicate defects in submitted applications

Ratio Decidendi

Respondents cannot reject the appellant's application based on a defect (non-remittance of Rs.50/- registration fee) not indicated at the time the application was first returned; application entitled to consideration from the date of resubmission (21.03.2011) per Clause 27 of the Tamil Nadu Electricity Distribution Code, 2004.

Court Disposition

Appeal disposed of; partly allowed

Orders

  • Respondents to consider application as registered from 21.03.2011 (resubmission date)
  • Appellant to resubmit fresh demand draft of Rs.550/-