Sai International v. The Tamil Nadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.10972 of 2022 and WMP.Nos.10554, 10556 & 10557 of 2022 Sai International, Represented by S.Baskar No.63, Theyagaraya Road, Pondy Bazaar, T.Nagar, Chennai 600 017 ... Petitioner Vs.

1.The Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman cum Managing Director, 144, Anna Salai, Chennai 600 002 2.M/s.Jain Estates, Represented by its Partners, P.Ashok Kumar and P.Gyan Chand, No.99 & 100, Habibullah Road, T.Nagar, Chennai 600 017 3.Assistant Engineer, TANGEDCO, Chennai East EDC, T.Nagar, Chennai 600 017 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent's demand letter bearing Lr.No.AE/T.Nagar/ E/ Div.Complaint/A.294 dated 08.12.2021 and the 1/4

consequent addition of the CC arrears of SC No.2350291789 in the petitioner's CC bill for the months of April & May, 2021 and February 2022 with SC.No.2350291526 and quash the same as being arbitrary and illegal and consequently direct the respondent TANGEDCO to issue fresh CC bills with the petitioner's consumption alone. For Petitioner : Mr.Rahul Balaji For Respondents For R1 & 3 : Mr.L.Jaivenkatesh, Standing Counsel For R2 : No appearance

ORDER

This writ petition has been filed challenging the third respondent's demand letter bearing Lr.No.AE/T.Nagar/ E/ Div.Complaint/A.294 dated 08.12.2021 and the consequent addition of the CC arrears of SC No.2350291789 in the petitioner's CC bill for the months of April & May, 2021 and February 2022 with SC.No.2350291526 2.

It is seen that the service connection stands in the name of the lessor. The petitioner, being the lessee, vacated the premises and handed over the vacant possession to the lessor. 2/4

3.

Though the learned counsel appearing for the petitioner represented that nothing survives in this writ petition for adjudication, the demand raised as against the petitioner cannot become infructous. The learned Standing Counsel appearing for respondents 1 & 3 also submitted that the petitioner, being the lessee, had undertaken to pay the demand amount to the second respondent.

4.

Therefore, the respondents are at liberty to initiate recovery proceedings as against the petitioner / lessee. 5.

With the above observation, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

18.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.Chairman cum Managing Director, The Tamilnadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai 600 002 2.P.Ashok Kumar and P.Gyan Chand, Partners, M/s.Jain Estates, No.99 & 100, Habibullah Road, T.Nagar, Chennai 600 017 3.Assistant Engineer, TANGEDCO, Chennai East EDC, T.Nagar, Chennai 600 017 18.06.2024 4/4