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Madras High CourtWP/20101/2013closed

M/S.Precision Fastenings, v. The Superintending Engineer,

2019-11-13Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA Writ Petition No.20101 of 2013 M/s.Precision Fastenings rep. by its Managing Partner Mr.N.R.Srinivasan, Plot No.138/139 Nehru Nagar, Chennai-600 042.

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Petitioner Vs

1. The Superintending Engineer CEDC South, Tamil Nadu Electricity Board, Chennai.

2. Assistant Engineer, VSI Estate, Velacherry, Tamil Nadu Electricity Board, Chennai.

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Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondent from making illegal demand in respect of A/c.No.219-060-409-Tariff IIIB-C.L.42 K.W-PRECISION FASTINGS and consequential entry made in the Electricity Card for a payment of Rs.92,069/- issued to the petitioner. For Petitioner : M/s.V.V.Sathiya For Respondents : Mr.S.K.Raameshuwar, Standing Counsel

O R D E R

The present Writ Petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondent from making illegal demand in respect of A/c.No.219-060-409-Tariff IIIBC.L.42 K.W-PRECISION FASTINGS and consequential entry made in the Electricity Card for a payment of Rs.92,069/- issued to the petitioner.

2. It is the claim of the petitioner that the petitioner has got Electricity Service Connection under the Industrial https://hcservices.ecourts.gov.in/hcservices/

and Commercial Services 25 HP and above, in Electricity Service Connection No.219-060-409 and he has been paying the electricity consumption charges regularly without any default and there is no arrears of payment. While so, the staff of the respondent Electricity Board has made a fresh claim of Rs.92069/- on 21.07.2013 for the period from October, 2009 to April, 2010 in the White Card stating that the meter was sluggish. On enquiry made by the petitioner, a Work Sheet was given to the petitioner which also shows that the respondent is making a fresh claim for the period from October, 2009 to April, 2010. According to the petitioner, the said demand made by the respondent Electricity Board is illegal, arbitrary and without jurisdiction for the reason that it is barred by limitation.

3. When the matter is taken up today, the learned Standing Counsel appearing for the respondents by producing a copy of the letter dated 11.11.2019 addressed to the Assistant Engineer, O&M/VSI Central, 33/11 KV Tharamani SS, Kandanchavadi, Chennai-96 by the Assistant Accounts Officer, I.T.C. Revenue Branch, CEDC/South II, Chennai-113 stated that there is no any pending BOAB/AG in respect of the Old Service Connection No.219-060-409, New No.321-003-592 in the name of M/s.Precision Fastenings. Therefore, the learned Standing Counsel further stated that recording the same, the Writ Petition may be closed.

4. Recording the submission of the learned Standing Counsel for the respondents, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tsi To 1.The Superintending Engineer CEDC South, Tamil Nadu Electricity Board, Chennai.

2.Assistant Engineer, VSI Estate, Velacherry, Tamil Nadu Electricity Board, Chennai.

+1cc to Mr.S.K.Rameshuwar, Advocate SR.94315 W.P.No.20101 of 2013 VGII(CO) CB(16/12/2019) https://hcservices.ecourts.gov.in/hcservices/