Electricity Dues Can't Be Recovered Solely From Bar Association When Govt Offices Share Same Connection: Madras High Court

The Madurai Bench of the Madras High Court has held that Pudukottai Bar Association cannot be made solely liable to pay entire electricity dues arising from a common service connection which was also being used by several other government law offices.In doing so the court granted relief to Pudukottai Bar Association challenging a demand notice seeking recovery of Rs 5,38,924 towards electricity consumption charges for the period between November 2013 and May 2018. During the pendency of the petition, the outstanding amount had increased to Rs 22,40,665.The Court directed the Electricity Board to install separate meters for each occupant.Justice M. Dhandapani observed that an inspection, conducted following the Court's earlier order, found that the electricity connection standing in the name of the petitioner Bar Association was also being used by the offices of the Public Prosecutor, Government Pleader, Additional Public Prosecutor and other government offices."The report filed by the Assistant Executive Engineer reveals that the electricity service connection standing in the name of the petitioner Association is, in fact, being used not only by the petitioner but also by the Public Prosecutor's Office, the District Government Pleader's Office, the Additional Public Prosecutor's Office, and certain other Government offices situated within the Court campus. Thus, the electricity consumed under the said service connection is shared by multiple occupants...The above factual position is not seriously disputed by either side. Though the service connection continues to stand in the name of the petitioner Association, the inspection report clearly establishes that several Government offices are also availing electricity through the very same service connection. In such circumstances, fastening the entire electricity liability upon the petitioner Association alone cannot be sustained"The Court directed thus the Bar Association to deposit Rs 7.5 lakh within eight weeks and on payment of the said amount the court directed the Electricity Board not to insist upon payment of the entire demand exclusively from the petitioner in respect of the common electricity service connection.It also ordered the Board to install separate electricity service connections for the petitioner Bar Association, the Public Prosecutor's Office, the District Government Pleader's Office, the Additional Public Prosecutor's Office and other Government offices found sharing the existing service connection, and “raise separate electricity consumption bills against the respective occupants/offices and recover the charges from the individual consumers.”The petitioner's counsel, Mr. K.C. Maniarasu, argued that the service connection standing in the Bar Association's name was not exclusively used by it, but was also used by several government offices operating within the same court campus. Maniarasu contended that saddling the Association alone with the entire liability was “arbitrary and unsustainable.”The Court had earlier directed the Electricity Board to inspect the premises and identify all users of the service connection. The inspection confirmed that the connection was being shared by multiple government offices.The plea was disposed of.Case Title: Pudukottai Bar Association v The Secretary to Government, Energy Department, Tamil Nadu Government & TANGEDCO, Case No: W.P(MD)No.15189 of 2018 and W.M.P.(MD).No.13744 of 2018Click Here To Read/Download Order

Electricity Dues Can't Be Recovered Solely From Bar Association When Govt Offices Share Same Connection: Madras High Court

Amruta Gangajaliwale

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Amruta Gangajaliwale

Electricity Dues Can't Be Recovered Solely From Bar Association When Govt Offices Share Same Connection: Madras High Court

Amruta Gangajaliwale

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Amruta Gangajaliwale

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