M/S.Variety Polyester Limited, v. The Southern Power Distribution Company

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.12087 of 2015 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the respondent in issuing inflated bills to the petitioner consumer No.HT TPT 270 by seeking to recover FSA charges, including interest and penalty besides levy of late fee charges even for the period the power was under disconnection as illegal and arbitrary and consequently direct the respondent to revise and issue bills for actually consumed in future. Heard and perused the material.

On hearing both sides, this Court is of the view that the writ petition is not maintainable as the representation made by the petitioner is pending with the respondents.

The writ petition is disposed of with a direction to the respondents to dispose of the representation made by the petitioner within a period of thirty (30) days from the date of receipt of copy of this Order. Till the disposal of the representation of the petitioner, the respondents are directed not to take any coercive steps against the petitioner. It is, however, made clear that after passing the orders, the respondents are at liberty to proceed in accordance with law.

The writ petition is accordingly disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any shall also stand disposed of.

_____________________ JUSTICE RAJA ELANGO 23.04.2015 pln