The Chairman v. A.R.Metallurgicals Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2016

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE M.M. SUNDRESH Writ Appeal No.1845 of 2011

1. The Chairman, NPKRR Maaligai, 800, Anna Salai, Chennai-2.

2. The Chief Engineer (O&M), Vellore Region, Vellore.

3. The Superintending Engineer, Dharmapuri.

... Appellants/Respondents 1 to 3 Vs.

A.R.Metallurgicals Private Limited, H.T.S.C.No.155/1, Nallaganakothapalli, Via Shoolagiri, Dharmapuri District, rep. by its Managing Director Pervez Rahim Khan ... Respondent/Petitioner PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 09.08.2010 made in W.P.No.2754 of 1999 on the file of this Court.

W.P.No.2754 of 1999 : Writ Petition filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the impugned proceedings of the Third Respondent made in Lr. No. SED/GEN/F.Doc.A.R.M.TEE 30/98-99/D 1452/99, dated 31.01.1999/1.3.299 and quash the same. For Appellants :

Mr.M.Varun Kumar For Respondent : *C.S.Krishnamoorthy

J U D G M E N T

(Made by The Hon'ble The Chief Justice) In the issue of theft of electricity prior to the commencement of the Indian Electricity Act, 2003, the learned Single Judge, by the impugned order dated 09.08.2010, refused to entertain the writ petition of the respondent by delegating it to the appellate remedy. The only aspect is that keeping in mind the provisions of the new Act, the appellate remedy is stated to be before the Special Court constituted under the new Act.

2. In coming to the conclusion, the learned Single Judge has relied on the provision of Section 185 of the new Act stipulating that any order passed under the old Act would be construed to be an order made under the corresponding provision of the present Act. In fact, the matter in issue is really of procedural nature as to where the appeal would lie.

3. We regret that this issue has been hanging fire now for seven years and we find no reason to interfere with the impugned order.

4. The appeal is dismissed. No costs.

Sd/- Assistant Registrar(CS IV) Dated : 21.04.2016 *Corrected as per letter dated 16.06.2016 and made herein.

Sd/- Assistant Registrar(CS IV) Dated : 17.06.2016 //True Copy// Sub Assistant Registrar bbr To

1. The Chairman, NPKRR Maaligai, 800, Anna Salai, Chennai-2.

2. The Chief Engineer (O&M), To be Substituted to the Vellore Region, Vellore.

Order already despatched on

3. The Superintending Engineer, 02.05.2016 Dharmapuri.

+1cc to Mr.M.Varun Kumar, Advocate, S.R.No.23319 +1cc to Mr.C.S.Krishnamoorthy, Advocate, S.R.No.23700 W.A. No.1845 of 2011 GJ(CO) CA(27/04/2016) CA(17.06.2016)