P.Karichiappan(Deceased) v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Twenty Second day of July Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE C.SARAVANAN WP No.15739 of 2011 1 P.KARICHIAPPAN(DECEASED) [ PETITIONERS ] S/O.PALANI GOUNDER, MANAGING PARTNER, M/S G K SPINNING MILLS, 172, KOVAI MAIN RD, POLAVAPALAYAM, NAMBIYUR, GOPI TALUK, ERODE DIST.
2 NAVAMANI, 3 PRIYA 4 PRAKASH, [P2 TO P4 SUBSTITUTED AS LRS OF CECEASED SOLE PETITIONER AS PER ORDERD DT.3/3/2020 MADE IN WMP.NO.34558/2019 IN WP.NO.15739/2011 BY TSSJ] Vs 1 THE CHAIRMAN [ RESPONDENTS ] TAMIL NADU ELECTRICITY BOARD, ANNA SALAI, CHENNAI-2.
2 THE ASST. EXECUTIVE ENGINEER OPERATION AND MAINTENANCE, GOPI ELECTRICITY DISTRIBUTION CIRCLE, T.N.GENERATION OF ELECTRICITY AND DISTRIBUTION OF CORPN., NAMBIYUR, ERODE DIST.
3 THE ASST. EXECUTIVE ENGINEER (DISTRIBUTION) GOPI ELECTRICITY DISTRIBUTION CIRCLE, T.N.GENERATION OF ELECTRICITY AND DISTRIBUTION OF CORPN., NAMBIYUR, GOPI TK, ERODE DIST.
Writ petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the affidavit filed their with the High Court will be pleased to Issue a writ o f certiorari or any other appropriate writ, or order or direction in the nature writ, Calling for the records of the respondents in Reference No.f.vz;.c.nrngh/,2Ng/ek;gp/Nfh.jdp/ m.vz;.35/11 dated 13.06.2011 and quash the same as illegal, arbitrary and against the provisions of Electricity Act, 2003 and Electricity Supply Code 2004 in WP.NO.15739/2011./ Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.K.RAJAGOPAL, Advocate for the petitioner and of MR.D.KRISHNA PRASAD FOR MR.N.DAMODHARAN, ADVOCATE on behalf of the Respondents the court made the following order:- At request of the learned counsel for the petitioners, this Writ Petition was listed today under the caption "for extension of time".
2. The learned counsel for the petitioners has filed a memo stating that the Writ Petition was dismissed on 26.04.2021 giving liberty to the second to fourth petitioners to file a statutory appeal under Section 127 of the Electricity Act, 2003 before the Appellate Authority within a period of thirty days from the date of receipt of a copy of the order, but, due to the Covid-19 pandemic situation, the second and fourth petitioners could not file the copy application on time and thereby, did not file any appeal within the aforesaid time. Therefore, the learned counsel requested further time to file the appeal.
3. The learned counsel for the respondents has no objection to extend the time for filing the appeal.
4. Considering the Covid-19 pandemic, as a last chance, the request of the petitioners is allowed by extending the time to file the statutory appeal before the Appellate Authority. The petitioners are therefore directed to file a statutory appeal within a period of fifteen days from the date of hosting of this order in the High Court's Website.
5. The Registry is directed to host this order in the High Court's Website on 23.07.2021 for the purpose of computation of limitation to file the appeal by the second to fourth petitioners. -sd/- 22/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHAIRMAN TAMIL NADU ELECTRICITY BOARD, ANNA SALAI, CHENNAI-2.
2 THE ASST. EXECUTIVE ENGINEER OPERATION AND MAINTENANCE, GOPI ELECTRICITY DISTRIBUTION CIRCLE, T.N.GENERATION OF ELECTRICITY AND DISTRIBUTION OF CORPN., NAMBIYUR, ERODE DIST.
3 THE ASST. EXECUTIVE ENGINEER (DISTRIBUTION) GOPI ELECTRICITY DISTRIBUTION CIRCLE, T.N.GENERATION OF ELECTRICITY AND DISTRIBUTION OF CORPN., NAMBIYUR, GOPI TK, ERODE DIST.
Order in WP.15739/2011 Date :22/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (23/07/2021)P