V.V.Iron And Steel Company Private Limited v. Tamil Nadu Electricity Ombudsman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.5264 of 2025 V.V.Iron & Steel Company Private Ltd.
Represented by its Sales Manager Peter Paul Charles, Having its Corporate Office at No.2, Harrington Road, KRM Center, Chetpet, Chennai - 31.
.. Petitioner
Versus
1. Tamil Nadu Electricity Ombudsman, 4th Floor, SIDCO Corporate Office Building, Thriu Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
2. Appellate Authority, Superintending Engineer, Operation, TANTRANSCO, Tirunelveli - 627 011.
3. CGRF, Tuticorin Electricity Distribution, 1/7
131, 132, Ettayapuram Road, Tuticorin - 628 001.
4. Superintending Engineer, Tuitcorin Electricity Distribution Circle, Tuticorin - 628 002.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 1st respondent in Lr.No.TNEO/F.omb.Gen.C.No.13/D.No.45/2025, dated 13.01.2025 and quash the same and consequentially directing the 1st respondent to take the petition, dated 19.12.2024 filed by the petitioner on file without insisting further deposit of 25% amount.
For Petitioner : Mr.J.Titus Enock For Respondents : Mr.S.Madhusudanan, for RR-3 and 4
ORDER
This Writ Petition is filed challenging the order, dated 13.01.2025 passed by the Tamil Nadu Electricity Ombudsman. By the said order, while entertaining the appeal filed by the petitioner vide his appeal petition, dated 2/7
09.01.2025, it was ordered that the petitioner shall pay 25% of the claimed amount of the CGRF order.
2. It is the categorical case of the petitioner that originally, the due amount was more and thereafter, by the CGRF order that is impugned in the appeal, it was quantified for a sum of about Rs.72,00,000/-, of which, about Rs.54,00,000/- has already been paid by the petitioner. The same has not been taken into account while passing the above order, dated 13.01.2025.
3. When the matter is taken up for admission, Mr.S.Madhusudanan, learned Counsel taking notice for the respondent Nos.3 and 4, would submit that it is true that the petitioner has paid the substantial amount as pleaded by him. In view thereof, no more pre-condition is necessary.
4. In view thereof, this Writ Petition is disposed of. The impugned order, dated 13.01.2025 is set aside inasmuch as it directs the payment of 3/7
25% of the claimed amount of the CGRF order and the first respondent is directed to dispose of the appeal on its own merits in accordance with law. Needless to mention that no necessary action needs to be taken by the authorities, to which, a copy of the impugned order was marked. The further action will be depended upon the ultimate decision of the first respondent authority in the main appeal. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 13.02.2025 : no grs 4/7
To
1. The Tamil Nadu Electricity Ombudsman, 4th Floor, SIDCO Corporate Office Building, Thriu Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
2. The Appellate Authority, Superintending Engineer, Operation, TANTRANSCO, Tirunelveli - 627 011.
3. CGRF, Tuticorin Electricity Distribution, 131, 132, Ettayapuram Road, Tuticorin - 628 001.
4. The Superintending Engineer, Tuitcorin Electricity Distribution Circle, Tuticorin - 628 002.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.No.5264 of 2025 6/7
13.02.2025 7/7