← Library
Madras High CourtWP/4963/2023disposed of with direction

Dr.Giraham Daniel v. The Superintending Engineer

2024-10-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.4973 of 2023 Dr.Graham Daniel .. Petitioner

Versus

1.The Superintending Engineer TANGEDCO, Nagapattinam - 611 001 2.The Executive Engineer (O & M) TANGEDCO (Town), Mayildaduthurai - 609 001

3. The Assistant Executive Engineer (O & M) (Town) TANGEDCO, Mayildaduthurai - 609 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certified Mandamus, calling for the records of the 3th respondent in Ka.No.U SE PO/E&PARA/NAGAR/MAYILAI/KO REV/A No.1184/2023 date 02.01.2023 and quash the same as illegal and consequently direct the respondents 1 & 2 to dispose of the representation dated 18.01.2023 by affording opportunity to the petitioner. For Petitioner : Mr.B.Harish for M/s.K.M.Vijayan Associates For Respondents : Ms.Sindhuja for Mr.D.B.R.Prabhu 1/5

ORDER

This writ petition is filed challenging the order of the 3th respondent in Ka.No.U SE PO/E&PARA/NAGAR/MAYILAI/KO REV/A No.1184/2023 date 02.01.2023 and quash the same as illegal and consequently direct the respondents 1 & 2 to dispose of the representation dated 18.01.2023 by affording opportunity to the petitioner.

2. The case of the petitioner is that the petitioner is residing in the subject property and with an intention to reduce the electricity consumption installed solar plant. However, during the year 2023, demand notice was issued to the petitioner vide the impugned order dated 02.01.2023 by the third respondent. Challenging the same, the present writ petition.

3. Learned counsel appearing for the petitioner submits that, the petitioner has already deposited 30% of the amount, i.e.,3,47,781/- as per the direction of this Court by Order dated 16.02.2023 and the petitioner is ready to pay the balance amount of Rs.8,11,491/- by way of instalments as demanded by the respondents.

2/5

4. Learned Standing Counsel appearing for the respondents has no serious objection for the said order being passed.

5. Heard both sides and perused the materials placed on record.

6. Considering the limited request made by the learned counsel for the petitioner, this court, without interfering with the order impugned, directs the petitioner to pay a sum of Rs.1,62,298/- to the respondents by way of five instalments. Further, the petitioner is directed to pay a sum of Rs.1,62,298/- as first instalment to the respondents on or before 07.11.2024 and upon receipt of payment of the first instalment. The second, third, fourth and fifth instalments to the tune of Rs.1,62,298/- each shall be paid on or before 07.12.2024, 07.01.2025, 07.02.2025 and 07.03.2025 respectively. It is made clear that the respondents shall close the file as against the petitioner after receipt of the entire amount. The respondents are also directed to check the meter box whether the meter box is functioning property, if not, replace the meter box. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this Order.

3/5

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 15.10.2024 Internet: Yes/No Index: Yes/No dhk To 1.The Superintending Engineer TANGEDCO, Nagapattinam - 611 001 2.The Executive Engineer (O & M) TANGEDCO (Town), Mayildaduthurai - 609 001

3. The Assistant Executive Engineer (O & M) (Town) TANGEDCO, Mayildaduthurai - 609 001.

4/5

M.DHANDAPANI, J.

dhk 15.10.2024 5/5