Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2004 Electricity Laws: Tamil Nadu Electricity Distribution Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Electricity Distribution Code (0 of 2004) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Electricity Laws:Tamil Nadu Electricity Distribution Code, 2004: Clause 27 –Requisition for supply of energy – Agricultural electrical serviceconnection – Application for grant of – Application returned afterpointing out the defect that application did not have signature ofVillage Administrative Officer – Removal of defects and resubmissionof the application, however, no action taken by respondent – Writpetition by the appellant – Direction by Single Judge to therespondent to consider the application – In pursuance thereof,submission of application by appellant on 27.01.2017 referring tohis earlier application – By another application submission ofdemand draft of Rs 550/- – Thereafter, communication by ExecutiveEngineer that application not submitted with the registration fee ofRs. 50/- –Respondent challenging judgment of the Single Judge onthe ground of incomplete application for non-submission ofregistration fee – Division Bench held that the application submittedby the appellant in 2017 be considered – On appeal, held: Clause27 cast obligation on the respondents-electricity department toindicate the defects in application and return the same – Non-submission of registration fee is also a defect in the application ascontemplated by Clause 27 – Note which is a statutory in natureobliges the respondents to communicate defects in the applicationreturned to the appellant – No such defect of non-deposit ofregistration fee of Rs.50/- was pointed out by the respondents –Respondents cannot be allowed to take the benefit of its inaction orits lapse which is not in conformity with the statutory obligationcast on it – Non-remittance of Rs.50/- was, thus, not such reason onthe basis of which entire claim of the appellant could be rejected – Claim of appellant regarding seniority of his application from06.12.2010 cannot be accepted since the respondents immediatelypointed out the defect on 07.03.2011 and returned the applicationand re-submitted on 21.03.2011 – Appellant entitled forconsideration of his application from the date of resubmission-21.03.2011. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 330 |
Petitioner | D. Saravanan |
Respondent | Superintending Engineer Tangedco Tneb Distribution Circle & Ors. |
SCR | [2018] 3 S.C.R. 435 |
Judgement Date | 2018-04-12 |
Case Number | 3763 |
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