Madras High CourtWMP/2296/2017disposed of

Sree Selvavinayagar Trust, v. The Chairman,

2017-01-31Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE D. KRISHNAKUMAR WMP NO.2296 OF 2017 IN WP.2308/2017 SREE SELVAVINAYAGAR TRUST, [ PETITIONER ] REP. BY ITS MANAGING TRUSTEE, R.KUPPUSAMY, KEEZH ANAIKARAI, MANALURPETTAI ROAD, TIRUVANNAMALAI.

Vs 1 THE CHAIRMAN, [ RESPONDENTS ] TAMIL NADU ELECTRICITY BOARD, ANNA SALAI, CHENNAI 600 002 2 THE EXECUTIVE ENGINEER REVENUE DIVISION (WEST), TANGEDCO, TIRUVANNAMALAI.

3 THE ASSISTANT EXECUTIVE ENGINEER, OPERATION & MAINTENANCEM TGANGEDCO, TIRUVANNAMALAI.

4 THE JUNIOR ENGINEER, OPERATION & MAINTENANCE, TGANGEDCO, TIRUVANNAMALAI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the impugned communication dated 28.11.2016 in Letter No.Ka.No.

2.Se.Po(Sa)/Tha Nagar/T.Malai/Ko.Ka1/A No: 281/16 on the file of the 3rd Respondent herein, in WMP.No.2296/17 in WP.No.2308/17. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.GOVI GANESAN, Advocate for the petitioner and of Mr.M.VARUN KUMAR, STANDING COUNSEL FOR (TNEB) on behalf of the Respondents the court made the following order:-

The learned counsel for petitioner has submitted that the impugned communication of the 3rd respondent, dated 28.11.2016, is only on the basis of the audit report, which is not furnished to the petitioner. Prima facie case is made out, without prejudice.

2. Interim Stay granted on condition that the petitioner should deposit a sum of Rs.1,00,000/- to the 3rd respondent, within a period of six weeks, from the date of receipt of a copy of this order.

3. Mr.M.Varunkumar, learned Standing Counsel for TNEB, takes notice for the respondents.

-sd/- 31/01/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHAIRMAN, TAMIL NADU ELECTRICITY BOARD, ANNA SALAI, CHENNAI 600 002 2 THE EXECUTIVE ENGINEER REVENUE DIVISION (WEST), TANGEDCO, TIRUVANNAMALAI.

3 THE ASSISTANT EXECUTIVE ENGINEER, OPERATION & MAINTENANCEM TGANGEDCO, TIRUVANNAMALAI.

4 THE JUNIOR ENGINEER, OPERATION & MAINTENANCE, TGANGEDCO, TIRUVANNAMALAI.

C.C. to M/S.K.GOVI GANESAN Advocate SR.NO.1293 The Government Advocate, High Court, Madras - 104. Order in WMP.2296/2017 in WP.2308/2017 Date :31/01/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 08.02.2017