Mr.K.Gopalakrishnan Rao v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE A1016T MADRAS
DATED : 25.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.902 of 2022 Mr.K.Gopalakrishnan Rao
...Petitioner
Vs.
1.
The Executive Engineer, Tamil Nadu Electricity Board, Tambaram, Chennai-600 045.
2.
The Assistant Executive Engineer, Tamil Nadu Electricity Board, Medavakkam, Chennai-600 100.
3.
The Assistant Engineer, Tamil Nadu Electricity Board, Keelkattalai, Chennai-600 117.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to refund the security deposits of petitioner consumer numbers 092592681371, 092592681372 and excess amount collected by wrong calculation in consumer no.092592681372 totalling Rs.5,68,525/- as on 31.01.2010 together with simple interest at the rate of 18% per annum from 01.02.2010 onwards till the date of realization based on the representation of the petitioner dated 09.09.2021 on merits and in accordance to law within time frame. For Petitioner : Mr.V.Srinivasa Babu For Respondents : Mr.L.Jaivenkatesh Standing Counsel
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 09.09.2021 and to refund the
security deposits made towards the petitioner's consumer numbers 092592681371, 092592681372 and to consequently refund the excess amount collected by wrong calculation in consumer no.092592681372 as early as possible.
2. The case of the petitioner is that, he obtained Electricity Service connection in the year 2005, after paying the Caution deposit and other charges. While so, the petitioner made a representation dated 08.02.2010 before the respondents for disconnection of Electricity service connection in L.T.C.T.S.C.No.259-268-1371 and L.T.C.T.S.C.No.259-268-1372, however, the respondents demanded an excess amount of Rs.1,44,465/- and have disconnected the Electricity service connection only on receipt of the above said amount from the petitioner. It is pertinent to note that, the respondents have removed the above said meters only on 06.01.2014. Thereafter, the petitioner made several representations dated 19.12.2015, 03.03.2016 and 09.09.2021 before the 3rd respondent for refund of the security deposits made by the petitioner towards the consumer numbers 092592681371, 092592681372 and also to refund the excess amount collected through receipt No.2137311 dated 08.02.2010, however, till date no orders have been passed on the same. Hence, this present petition is filed.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 09.09.2021 and pass orders on the same within the time stipulated by this Court. 4.The learned Government Advocate has no objection for said order being passed.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representation dated 09.09.2021 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.
6. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar skt
To 1.
The Executive Engineer, Tamil Nadu Electricity Board, Tambaram, Chennai-600 045.
2.
The Assistant Executive Engineer, Tamil Nadu Electricity Board, Medavakkam, Chennai-600 100.
3.
The Assistant Engineer, Tamil Nadu Electricity Board, Keelkattalai, Chennai-600 117.
+1cc to Mr.V.Srinivasa babu, Advocate, S.R.No.5065 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.4233 W.P.No.902 of 2022 GPL(CO) SU(02/03/2022)