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Madras High CourtWP/1097/2010closed

A.Venkatesan v. The Superintending Engineer

2019-07-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.07.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.1097 of 2010 and M.P.No. 1 of 2010 A.Venkatesan Proprietor, Prakash Engineering Works, G1, SIDCO Industrial Estate, Salem - 636 004.

..Petitioner Vs.

1. The Superintending Engineer, Salem Electricity Distribution Circle, Kamaraj Nagar Colony (Post), Salem - 636 014.

2. The Executive Engineer, Operation and Maintenance/West, Tamil Nadu Electricity Board, Salem - 636 005.

3. The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Swarnapuri, Salem - 636 016.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Certiorari, calling for the records relating to the proceedings of the 1st Respondent dated 13.11.2009 in SE/SEDC/Salem/AEE.G1/JE/F.SC No.105/D and quash the same.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.S.K.Rameshwar for TNEB

ORDER

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the 1st respondent dated 13.11.2009 in SE/SEDC/Salem/AEE.G1/JE/F/SC No.105/D and quash the same.

2. The learned counsel appearing for the petitioner would submit that the petitioner is challenging the demand notice dated 13.11.2009, wherein the first respondent stated that the petitioner has already paid a sum of Rs.4,03,582/- and directed https://hcservices.ecourts.gov.in/hcservices/

the petitioner to pay the balance amount of Rs.2,93,582/- out of Rs.6,97,164/-, while pending the writ petition. Accordingly, the petitioner paid the balance amount of Rs. 2,93,582/-. The learned counsel appearing for the petitioner submitted that all the dues were already paid by the petitioner. Hence, he prayed this Court to pass appropriate orders.

3. The learned counsel for the Electricity Board also conceded the submission made by the learned counsel for the petitioner.

4. On perusal of the impugned order, it reveals that the petitioner has to pay the total amount of Rs.6,97,164/- out of which he has paid a sum of Rs.4,03,582/-. Thereafter, the petitioner has paid the remaining sum of Rs. 2,93,582/- and now the petitioner has also paid the balance amount of Rs. 2,93,582/-.

5. In view of the above, the respondent Board is directed to close the account against the petitioner, since the entire amount is paid by the petitioner and therefore, nothing survives in the present writ petition for further adjudication and accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintending Engineer, Salem Electricity Distribution Circle, Kamaraj Nagar Colony (Post), Salem - 636 014.

2. The Executive Engineer, Operation and Maintenance/West, Tamil Nadu Electricity Board, Salem - 636 005.

3. The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Swarnapuri, Salem - 636 016.

+1 cc to M/s.K.Selvaraj,Advocate Sr.No.59308 W.P.No. 1097 of 2010 SPD(CO) AKM/13.08.19/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/