Telangana High Court
WP/41212/2014 of S.Srinivas Vs The Telangana State Southern Power Distribution on 31 December 2014
C.V.NAGARJUNA REDDY WRIT PETITION No.41212 of 2014 Date:31.12.2014 Between: S.Srinivas, S/o Hanumanulu ..... Petitioner And: The Telangana State Southern Power Distribution Company Limited, reptd by its Chairman and two others. .....Respondents Counsel for the Petitioner: Sri K.Ravinder Reddy
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION No.41212 of 2014Date:31.12.2014
Between:
S.Srinivas,S/o Hanumanulu
..... Petitioner
And:
The Telangana State Southern PowerDistribution Company Limited,reptd by its Chairman and two others.
.....Respondents
Counsel for the Petitioner: Sri K.Ravinder Reddy For Sri M.A.K.Mukheed Counsel for the Respondents: Sri O.Manoher Reddy The Court made the following:
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ORDER:
This Writ Petition is filed for a Mandamus to declarethe action of the respondents in levying three times thenormal tariff as illegal. The petitioner has also sought todeclare the action of the respondents in not releasing thepower supply in respect of two Service ConnectionNos.140240554 to 140240559, which have already beensanctioned, as illegal and arbitrary.
As regards the first part of the prayer, this Court inWrit Petition No.35603 of 2014 by order, dated24.11.2014, held that levy and collection of three times thenormal tariff is beyond the power and jurisdiction of therespondents. Following the said judgment, the WritPetition to the extent of levying higher tariff is allowed withthe direction that the reasons and directions containedtherein shall form part of this order.
As regards the grievance that the respondents have not been releasing the power supply in respect of theabove-mentioned two Service Connections, as held in theabove-mentioned judgment there is a statutory obligationon the owner of every building constructed above thestipulated height to obtain the Occupancy Certificate underthe provisions of the Greater Hyderabad MunicipalCorporation Act, 1955. Unless the petitioner obtains theOccupancy Certificate or avails the appropriate legalremedy in respect thereof, no Mandamus can be issued torelease the power supply in respect of the above-mentioned Service Connections. Therefore, the secondpart of the relief claimed in the Writ Petition is rejected andthe Writ Petition is dismissed to that extent.
As a sequel to disposal of the Writ Petition,WPMP.No.51595 of 2014 filed by the petitioner for interimrelief is disposed of as infructuous.
___________________________
JUSTICE
C.V.NAGARJUNA REDDY
31[st] December 2014DR