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Madras High CourtWP/17334/2015dismissed

M.Viswanathan v. Tamil Nadu Electricity Board

2021-12-09Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.17334 of 2015 and M.P.No.1 of 2015 M.Viswanathan ... Petitioner Vs.

1. Tamil Nadu Electricity Board Represented by its Chairman Annasalai Chennai-2

2. The Executive Engineer/O&M Tamilnadu Electricity Board Hosur Krishnagiri District

3. Assistant Engineer O&M Rural Tamilnadu Electricity Board Hosur Krishnagiri District

4. Assistant Accounts Officer Revenue Branch Hosur Krishnagiri District

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the third respondent in connection with the proceedings in Letter No.Vu.Po/E Ya/Gramium/Hosur/Ko: Bundle No.90/14 dated 02.09.2014 issued to the petitioner and quash the same, award costs.

For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents : Mr.L.Jai Venkatesh [For TANGEDCO]

O R D E R

The order dated 02.09.2014 issued by the Assistant Engineer (TANGEDCO) is under challenge in the present writ petition.

2. Based on the audit short fall, a demand had been raised by the respondents. The demand was made for a sum of Rs.1,14,429/- (Rupees One Lakh Fourteen Thousand Four Hundred and Twenty Nine) and accordingly, the petitioner was asked to pay the consumption charges. Notice was also issued to that effect.

3. Challenging the said notice the writ petitioner filed an W.P.No11229 of 2008. The said writ petition filed by the petitioner challenging the demand notice was dismissed on 13.06.2014.

4. Thus, the respondents has issued the impugned order dated 02.09.2014 stating that the balance amount of Rs.76,559/- (Rupees Seventy Six Thousand Five Hundred and Fifty Nine) to be paid by the writ petitioner within a period of 7 days. Even after the dismissal of the writ petition, the petitioner had not paid the amount and further, filed the present writ petition challenging the said order.

5. Thus, there is no reason to admit the writ petition and the learned counsel for the petitioner made a submission that they could not get instructions as to whether the amount has already been deposited or not. Under these circumstances, the petitioner is directed to pay the balance amount of Rs.76,559/- (Rupees Seventy Six Thousand Five Hundred and Fifty Nine) immediately, if not already paid.

6. With these directions, the Writ Petition Stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar Jeni/Cse

To

1. The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai-2.

2. The Executive Engineer/O&M, Tamilnadu Electricity Board, Hosur, Krishnagiri District.

3. The Assistant Engineer, O&M Rural, Tamilnadu Electricity Board, Hosur, Krishnagiri District.

4. The Assistant Accounts Officer, Revenue Branch, Hosur, Krishnagiri District.

W.P.No.17334 of 2015 SSV(CO) SU(23/12/2021)