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Madras High CourtWP/10208/2004disposed of

M/S Hotel Jayanthi Lodge v. The Executive Engineer O & M

2019-07-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10208 of 2004 M/s.Hotel Jayanthi Lodge rep. by its Proprietor P.Selva Ganesh Raja @ P.Ganesan No.5, Thatha Muthappan Street Chennai 600 001

...Petitioner

Vs.

1.The Executive Engineer / O & M Chennai Electricity Distribution Circle / Central Chennai 2.The Assistant Engineer Sowcarpet East Chennai ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to conduct an enquiry regarding the exorbitant claim of the electricity charges for the month of March 2004 based on the representation of the petitioner dated 07.04.2004 and till the disposal of the same forbearing the respondents from collecting the exorbitant amount for the Account No.152-21425 for the premises bearing the Door No.5, Thatha Muthappan Street, Chennai-1.

For Petitioner : M/s.R.T.Shyamala For Respondents : Mr.P.R.Dhilipkumar

O R D E R

The petitioner filed this Writ Petition, to issue a writ of Mandamus, to direct the respondents to conduct an enquiry regarding the exorbitant claim of the electricity charges for the month of March 2004 based on the representation of the petitioner dated 07.04.2004 and till the disposal of the same

forbearing the respondents from collecting the exorbitant amount for the Account No.152-21-425 for the premises bearing the Door No.5, Thatha Muthappan Street, Chennai-1.

2.The learned counsel appearing for the petitioner would submit that the Assessing Officer of the respondent Board demanded exorbitant amount for the consumption of electricity. Hence, the petitioner made a representation on 07.04.2004 to the respondent Board to conduct enquiry. Since, the respondent board has not conducted any enquiry on his representation, the petitioner has approached this Court with the above said prayer. This court while entertaining the writ petition, passed an interim order not to disconnect the electricity connection. After a lapse of 15 years, the learned counsel would submit that it is suffice that this Court issue a direction to the respondent Board to conduct enquiry and pass appropriate orders on his representation.

3.The learned counsel appearing for the respondent board would concede to the limited request made by the petitioner. 4.In view of the limited request made by the learned counsel for the petitioner, this court without going into the merits of the case is inclined to direct the respondent board to conduct enquiry based on the representation made by the petitioner on 07.04.2004 and pass appropriate orders within a period of four weeks. The petitioner shall serve a copy of the representation along with the order copy for ready reference to enable the respondent board to initiate appropriate action. 5.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition if any is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kas To 1.The Executive Engineer / O & M Chennai Electricity Distribution Circle / Central Chennai.

2.The Assistant Engineer, Sowcarpet East, Chennai.

+1cc to M/s.R.T.Shyamala, Advocate Sr.55533 W.P.No.10208 of 2004 pp[co] srg 26/07/2019