← Library
Madras High CourtWA/1476/2015disposed of

A.Mariadoss v. The Chairman

2015-09-30Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN W.A. No.1476 of 2015 and M.P. Nos.1 & 2 of 2015 A. Mariadoss Appellant/Petitioner vs.

The Chairman Tamil Nadu Generation and Distribution Corporation Ltd.

NPKRR Maaligai No.144, Anna Salai Chennai 600 002 The Assistant Engineer (O & M) New Washermanpet TNEB/CEDC/North Chennai 600 081 The Executive Engineer Tamil Nadu Electricity Tondiarpet Circle TNEB/CEDC/North 805 T.H. Road Tondiarpet, Chennai 600 081 The Assistant Engineer (O & M) Tondiarpet, TNEB/CEDC/North Chennai 600 081 Respondents/Respondents Writ Appeal preferred under Clause 15 of the Letters Patent challenging the order of this court dated 24.06.2015 passed in W.P. No.18073 of 2015.

W.P.No.18073/2015:- Writ Petition filed under Article 226 of the constitution of India to issue a writ of Mandamus forbearing the respondents from demanding maximum demand penalty in respect of service connection No.003-002-630-Tariff-III B installed at the premises Old No.279 M2 New No.90/3, Suryanarayana Street, Kasimdu Fishing Harbour, Royapuram, Chennai - 600 013.

For appellant Dr. G. Krishnamurthy For respondents Mr. P.R. Dhilipkumar

JUDGMENT

(delivered by SATISH K. AGNIHOTRI, J.) This intra-Court appeal is directed against the order dated 24 June 2015 rendered in W.P. No. 18073 of 2015. The aforestated writ petition was filed by the appellant seeking a writ of mandamus forbearing the respondents from demanding maximum demand penalty of Rs.13,47,231/- in respect of his service connection.

The learned Single Judge disposed of the writ petition directing the appellant to pay a sum of Rs.3,00,000/- towards the first instalment within a period of one week from the date of receipt of a copy of the order. The remaining amount of Rs.10,47,231/- was directed to be paid in instalments at the rate of Rs.1,00,000/- per month, with the last instalment being Rs.1,47,231/-. Aggrieved by the aforesaid order, the instant intra-Court appeal has been preferred by the writ petitioner. The appellant's only grievance in this appeal is that the time granted by the learned Single Judge to pay the first instalment of Rs.3,00,000/- is too short. Thus, some more time may be granted to the appellant to pay the first instalment.

The learned Standing Counsel appearing for the respondents submits that the dis-connected electricity connection will be restored only on payment of the first instalment. Recording the aforestated submission of the learned Standing Counsel for the respondents, we grant two weeks' time from today to the appellant to pay the first instalment of Rs.3,00,000/- and thereafter, the appellant shall continue to pay the remaining instalments, as directed by the learned Single Judge. This intra-Court appeal stands disposed of with the above observations. No costs. Connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

cad To The Chairman Tamil Nadu Generation and Distribution Corporation Ltd.

NPKRR Maaligai No.144, Anna Salai, Chennai 600 002 The Assistant Engineer (O & M) New Washermanpet TNEB/CEDC/North, Chennai 600 081 The Executive Engineer Tamil Nadu Electricity Tondiarpet Circle TNEB/CEDC/North 805 T.H. Road, Tondiarpet, Chennai 600 081 The Assistant Engineer (O & M) Tondiarpet, TNEB/CEDC/North Chennai 600 081 +1 cc to Mr.S.V.S.Ilamvazhuthi, Advocate, sr.53169 +1 cc to Mr.P.R.Dhilipkumar, Advocate, sr.53004 W.A. No.1476 of 2015 gr co kra 08/10