Madras High CourtWP/8982/2020disposed of

T.Venkataswamy Reddy v. The Superintending Engineer

2020-07-10Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.8982 of 2020 T.Venkataswamy Reddy ..Petitioner -Vs1.The Superintending Engineer, Krishnagiri Electricity Distribution Circle, TNEB Krishnagiri District, Avadanapatti, Krishnagiri-635 002.

2.The Executive Engineer (O& M) TNEB Electricity Distribution Circle, Royakotai Road, Hosur 635 109.

3.The Chief Engineer concerned TNEB Vellore Electricity Distribution Circle, Gandhi Nagar, Vellore 600 006.

4.The Secretary, TNEB Annasalai, Chennai 600 002.

5.Assistant Engineer, Operation & Maintenance, TANGEDCO, Belgondapalli, Denkanikottai 635 114.

Krishnagiri District.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1-5 to change the Tariff fixed by TNERC from VI-Temporary Electricity connection to Tariff V-Commercial Connection for my land to pump water from my bore well.

For Petitioner : Mr.M.Krishnamoorthy For Respondents: Mr.M.Varun Kumar Standing Counsel

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 12.08.2019 and subsequent representations and to change the Tariff from Tariff No.VI to Tariff No.V. 2.The case of the petitioner is that he is the absolute owner of the property and he applied for a commercial service connection in the prescribed format before the authorities. The further case of the petitioner is that he was given a temporary electricity connection under Tariff VI. The petitioner has made a representation to the 5th respondent on 07.05.2020, requesting for change of the temporary electricity connection to regular commercial connection under Tariff V.

The petitioner was asked to obtain no objection certificate from the PWD and according to the petitioner he has also obtained a no objection certificate. The petitioner has thereafter sent several representations seeking for change of Tariff and permanent commercial connection. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

Mr.M.Krishnamoorthy, learned counsel appearing for the petitioner and Mr.Varun Kumar, learned Standing Counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 5th respondent to consider the representation made by the petitioner on 07.05.2020 and deal with the same in accordance with law and take a decision within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 5th respondent along with a copy of the representation dated 07.05.2020, accompanied by all relevant documents and also a copy of this order.

This writ petition is disposed of with above directions. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar KP

To 1.The Superintending Engineer, Krishnagiri Electricity Distribution Circle, TNEB Krishnagiri District, Avadanapatti, Krishnagiri-635 002.