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Madras High CourtWP/5044/2020disposed of

Laundrexx Fabric Care India Pvt v. The Superintending Engineer

2022-02-04Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5044 of 2020 And W.M.P.Nos.5959 and 5961 of 2020 Laundrexx Fabric Care India Pvt. Ltd., Rep. by its Managing Director K.N.Murthy ... Petitioner Vs.

1.The Superintending Engineer O & M Tamil Nadu Distribution and Generation Corporation TANGEDCO, IE/Ambattur Chennai - 600 058.

2.Assistant Executive Engineer O & M Tamil Nadu Distribution and Generation Corporation TANGEDCO, IE/Ambattur Chennai - 600 058.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of second respondent dated 13.01.2020 in Lr.No.AEE/O&M/IE/AMBT and quash the same and further direct the respondent to restore the electricity connection under LT tariff III-B within a time frame as fixed by this Hon'ble Court. For Petitioner : Mr.R.Krishna Prasad For Respondents : Mr.L.Jai Venkatesh Standing Counsel

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of second respondent dated 13.01.2020 in Lr.No.AEE/O&M/IE/AMBT and to quash the same and to further direct the respondents to restore the electricity connection under LT tariff III-B within a time frame as fixed by this Court. 2.The case of the petitioner is that the petitioner is involved in laundry services and on 13.01.2020, the respondent conducted inspection in the premises and issued Form 9 and 11 https://hcservices.ecourts.gov.in/hcservices/

under TNERC supply code wherein, the respondent had concluded that the petitioner has misused the tariff and involved in electricity theft and without conducting enquiry forced the petitioner to pay a sum of Rs.52,000/-(Rs.48,000/- + Rs.4,000/-) towards compounding charges and further directed to remit a sum of Rs.4,12,122/- (Rs.3,73,491/- + Rs.38,631/-) and had disconnected the electricity service connections. Hence, this petition.

3.The learned counsel appearing for the petitioner submitted that pursuant to the order of this Court dated 20.03.2020 made in W.M.P.No.5961 of 2020 in W.P.No.5044 of 2020, the petitioner had deposited a sum of Rs.2 Lakhs and further submitted that the petitioner is ready to deposit the balance amount of Rs.2,12,122/- without BPSC and penal interest within a reasonable time.

4.In view of the above, this Court without going into the merits of the case, permits the petitioner to deposit the balance amount of Rs.2,12,122/- without BPSC and penal interest within a period of six weeks from the date of receipt of a copy of this order and on such deposit being made, the respondents are directed to close the demand.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The Superintending Engineer O & M Tamil Nadu Distribution and Generation Corporation TANGEDCO, IE/Ambattur Chennai - 600 058.

2.The Assistant Executive Engineer O & M Tamil Nadu Distribution and Generation Corporation TANGEDCO, IE/Ambattur Chennai - 600 058.

+1cc to Mr.Saravabhauman Associates, Advocate, S.R.No.7568 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.7215 W.P.No.5044 of 2020 And W.M.P.Nos.5959 and 5961 of 2020 MT(CO) SB(10/03/2022) https://hcservices.ecourts.gov.in/hcservices/