S.Pradeep v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.5444 of 2020 S.Pradeep
...Petitioner
Vs.
1.
The Managing Director, Tamil Nadu Electricity Generation and Distribution Corporation - TANGEDCO, Anna Salai, Chennai.
2.
The Assistant Electric Engineer, Operation and Maintenance Department, Tamil Nadu Electricity Generation and Distribution Corporation - TANGEDCO, Udhanapalli - 635 119, Krishnagiri District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records in respect to impugned demand notice in Ka.En.Uu.Po/E&Pa/U.Palli/Ko.A/C/A/2020 dated 12.2.2020 on the file of the 2nd respondent and quash the same. For Petitioner : Mr.S.C.Vishwanth For Respondents : Mr.S.Madhusudanan, SC 1/6
O R D E R
This Writ petition has been filed seeking quashment of the impugned demand notice of the 2nd respondent dated 12.02.2020 in Ka.En.Uu.Po/E & Pa/U.Palli/Ko.A/C/A/2020.
2. The case of the petitioner is that he is running a Granite Cutting and Polishing unit in the name and style of "Pandiyan Stones", by obtaining electricity Service connection from the 2nd respondent in the year 2011, vide service connection No.08-078-002-1254, for industrial purpose, and the petitioner is paying the electricity charges without any default. While so, pursuant to the inspection cum audit which took place in the petitioner office, the respondent issued a impugned demand notice dated 12.02.2020, directing the petitioner to pay a sum of Rs.27,23,596/- as arrears of amount for the current consumption, by unilaterally adapting the Multiplication Factor (in short 'MF') as 40 instead of 30, without assigning any reason. Challenging the same, the petitioner has come up with this Writ petition. 2/6
3. Though very many grounds have been raised, the learned counsel for the petitioner, on instructions, submitted that, this Court may permit the petitioner to pay the entire demand amount of Rs.27,23,596/- by way of six (6) installments and upon receipt of the last installment, the respondent may close the entire file as against the petitioner as no dues.
4. On the above said contentions heard learned Standing counsel appearing for the respondents and perused the material documents placed on record.
5. In view of the fair submission made by the learned counsel for the petitioner, this Court, without interfering with the impugned demand notice dated 12.02.2020 issued by the 2nd respondent, permits the petitioner to pay the entire demand amount of Rs.27,23,596/- to the 2nd respondent in six (6) monthly installments, without any BPSC or interest or penalty. Further, the petitioner is directed to pay the monthly installment on or before the 5th day of every English Calendar month and the 1st installment starts on 05.07.2023. Upon receipt of the last installment from the petitioner, i.e., on 3/6
05.12.2023, the 2nd respondent is directed to close the petitioner's file as no due.
6. With the aforesaid directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed. 20.06.2023 skt NCC : Yes / No Speaking Order : Yes / No Index : Yes / No To 1.
The Managing Director, Tamil Nadu Electricity Generation and Distribution Corporation - TANGEDCO, Anna Salai, Chennai.
2.
The Assistant Electric Engineer, Operation and Maintenance Department, Tamil Nadu Electricity Generation and Distribution Corporation - TANGEDCO, 4/6
Udhanapalli-635 119, Krishnagiri District.
M.DHANDAPANI., J.
skt and WMP.No.5444 of 2020 5/6
20.06.2023 6/6