The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy set aside the petitioner’s apprehension that the impugned circular would pave for power connection in unauthorised buildings contrary to the court order making building completion certificate mandatory for providing power, water and sewage connections.

However, pointing out that Tangedco was ultimately required to provide electricity in accordance with the rules, the bench directed the utility to modify its scheme to comply strictly with the Tamil Nadu Combined Development Regulations and Building Rules, 2019, wherein a completion certificate is required for all buildings, except residential building up to a height of 12 metres, while in the draft plan it has been indicated as not exceeding 18 metres.

It treated right to obtain electricity as right to life, the bench said, adding that the draft plan thus passed muster. It also recorded Additional Advocate General Arvindh Pandian’s submission about the requisite safeguard that has been provided and that the property tax receipt was required before the application for service connections was considered. Also, the connection for unauthorised construction would be disconnected based on the order of municipal authorities, he added.

Coimbatore Consumer Cause, which had moved a PIL, claimed that it was not opposed to such a move as power connection have to be provided to a single room in a park and so on. But the rules in this regard should be issued by the Tamil Nadu Electricity Regulatory Authority as Tangedco was merely the licensee, it contended.