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Madras High CourtWP/13457/2021disposed of

P.Ayyamperumal, M.A.,M.L.,Irs v. The Principal Secretary,

2021-06-29Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.13457 of 2021 P.Ayyamperumal .. Petitioner Vs.

1.The Principal Secretary, CMD to Government of Tamil Nadu, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai-600 002 2.The Executive Engineer, TNEB, 110 KV SS Complex, K.K.Nagar, Chennai-600 078.

3.The Assistant Engineer, TNEB, 33/11 K.V.Complex, Madipakkam, (behind Madipakkam Bus Stand) Chennai-600 091.

..

Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to dispose of the petitioner's notice/representation dated 15.12.2020 and consequential relief thereon and to pay the excess calculation amount of Rs.752/- in respect of consumer no.245-232-1589 paid for the period from July 2020 to 10.09.2020 and Rs.102/- in respect of Consumer no.245-232-482 for the same period alongwith interest. For Petitioner .. Mr.P.Ayyamperumal For Respondents.. Mr.M.R.Gokulkrishnan for R1 Mr.P.Gunaraj, for RR2 & 3.

ORDER

The present Writ Petition has been filed by the petitioner, seeking a direction to the respondents herein, to dispose of his representation dated 15.12.2020 and consequential relief to pay the excess calculation amount of Rs.752/- in respect of consumer no.245-232-1589 paid for the period from July 2020 to 10.09.2020 and Rs.102/- in respect of Consumer no.245-232-482 for the same period along with interest.

2.The case of the petitioner is that he made a representation dated 15.12.2020 to the third respondent Board, wherein he has stated that the respondent has charged an excess amount than the scheduled charges prescribed by the Board and he has also narrated the excess amount charged by the respondent Board. However, after the lapse of six months, no action has been forthcoming by the third respondent. Hence, the present Writ Petition has been filed by the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner being a consumer, the respondent Board should reply the petitioner immediately. Therefore, he insisted upon the excess charges repayable by the respondent Board.

4. Mr.P.Gunaraj, learned counsel for the respondent Board would submit that the petitioner's representation will be disposed of at earliest as directed by this Court.

5. Recording the aforesaid statements made by the learned counsel on either side, and considering the fact that the petitioner made a representation to the third respondent on 15.12.2020 and the same was still pending with the third respondent for more than six months seeking response from the respondent Board, this Court directs the third respondent to consider the representation of the petitioner dated 15.12.2020 and pass an appropriate orders as expeditiously as possible within a period of four weeks from the date of receipt of a copy of this order failing which the second respondent should take serious action as against the third respondent for non-complying the orders.

6. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dn To 1.The Principal Secretary, CMD to Government of Tamil Nadu, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai-600 002

2.The Executive Engineer, TNEB, 110 KV SS Complex, K.K.Nagar, Chennai-600 078.

3.The Assistant Engineer, TNEB, 33/11 K.V.Complex, Madipakkam, (behind Madipakkam Bus Stand) Chennai-600 091.

+1cc to Mr.P.Ayyamperumal, Advocate, S.R.No.30157 +1cc to Mr.P.Gunaraj, Advocate, S.R.No.30189 W.P.No.13457 of 2021 SKY(CO) CB(02/08/2021)