K.Balasandar, v. The Assistant Executive
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:15.02.2019 Coram The Hon'ble Mr. Justice V.PARTHIBAN W.P.No.3516 of 2011 and M.P.No.2 of 2011 K.Balasandar ..
Petitioner Vs.
1.The Assistant Executive Engineer ( O & E), Tamil Nadu Electricity Board, Cuddalore, Cuddalore District.
2.The Junior Engineer ( O & M), Tamil Nadu Electricity Board, Cuddalore Pudunagar, Cuddalore, Cuddalore District.
3.The Audit Officer, Tamil Nadu Electricity Board, Villupuram Division, .... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records relating to the letter issued by the 2nd respondent in his office ref.Ka.No.Vu.Mi.Po./E.Pa/Nagaram/Pudunagar/Cuddalore/Aa.No.330/ 10, dated 03.01.2011 and the Audit Slip No.85, dated 31.07.2008, issued by the 3rd respondent and quash the same. For Petitioner ..
Mr.P.Mani For Respondents .. Mr.M.Varunkumar,
ORDER
When the matter is taken up for hearing, it is represented by the learned counsels for the parties that already a joint memo of compromise, dated 28.01.2019, entered into between the petitioner and the respondents has been filed before the High
Court Mediation Centre. A copy of the said joint memo is also enclosed in the typed set of papers. The memo of compromise is extracted hereunder:
"1.The above writ petition has been filed challenging the Letter issued by the 2nd respondent the Junior Engineer ( O & M) TNEB, Cuddalore, Pudu Nagar, Cuddalore, in his office Ref.Ka.No.Vu.Mi.Po/E.Pa/Nagaram/Pudunagar/ Cuddalore/Aa.No.330/10, dated 03.01.2011 and the Audit Slip No.85, dated 31.07.2008, issued by the 3rd respondent, the Audit Officer, TNEB, Division, Villupuram, demanding Rs.79,872/- towards low consumption for the period from July 2006 to November 2006.
2.The petitioner and the respondents have compromised the subject matter of the above writ petition and the respondents agreed to receive a sum of Rs.27,211.00 (Rupees Twenty seven thousand and two hundred Eleven only) in full and final settlement of the said total amount of demand of Rs.79,872/-. The respondents further agreed that they could not claim any further amount from the petitioner, with respect to the said demand made in the impugned proceedings and the period mentioned therein. The petitioner has also paid the said amount of Rs.27,211.00 to the respondents in the form of DD dated 25.01.2019 drawn on UCO Bank Cudalore, bearing No.305343 and favouring SE/CEDC/TANGEDCO/CUDDALORE.
In the foregoing circumstances, it is prayed this Hon'ble Mediator may be pleased to record the present compromise arrived at between the petitioner and the respondents and pass appropriate orders in the above writ petition and render justice."
2.In the light of the above, this writ petition is disposed of in terms of memo of compromise. The memo of compromise shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar msk
To 1.The Assistant Executive Engineer ( O & E), Tamil Nadu Electricity Board, Cuddalore, Cuddalore District.
2.The Junior Engineer ( O & M), Tamil Nadu Electricity Board, Cuddalore Pudunagar, Cuddalore, Cuddalore District.
3.The Audit Officer, Tamil Nadu Electricity Board, Villupuram Division, +1 CC to Mr.M.Varunkumar, Advocate sr 13774 +1 CC to Mr.P.Mani, Advocate sr 14736 W.P.No.3516 of 2011 NRL(CO) SP(06/03/2019)