M/S. Sai Krishna Steel Industries v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9380 of 2020 and WMP.No.11463 of 2020 M/s.Sai Krishna Steel Industries, represented by Manager, Babu P.D., S.F.No.196/1, Billanakuppam Village, Krishnagiri Taluk, Krishnagiri-635 115.

... Petitioner Vs.

1.The Superintending Engineer, Krishnagiri Electricity District Circle, Old concord school building, Avathanapatti, Krishnagiri-635 001.

2.The Executive Engineer, O & M Krishnagiri, HIG-64, Phase-II, New Housing Board, Krishnagiri-635 001.

3.The Deputy Financial Control, CO/Krishnagiri.

... Respondents.

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents to consider the representation dated 03.07.2020 and thereby consequently direct the respondents to effect of supply of the High Tension Service vide on the application No.08909421210619122497 be held in abeyance for a period of ten months so as to enable the company to remit the electricity bill without any interruption considering the prevailing situation in our country due to pandemic Covid-19 and pass orders.

For Petitioner :Mrs.R.Meenakshi For Respondents :Mr.M.Varun Kumar Standing Counsel (TNEB)

O R D E R

By consent of both sides, this writ petition is taken up for final hearing at the admission stage itself. 2.This writ petition has been filed for issuance of writ of mandamus directing the respondents to consider the representation made by the petitioner on 03.07.2020 and to keep the HT supply in abeyance for a period of ten months. 3.The case of the petitioner is that the petitioner had applied for a HT service connection of 6000 KVA at 33 KV by making an application on 21.06.2019. Based on the application, an inspection was made and a feasibility study was conducted and ultimately, the first respondent issued the demand notice to the petitioner to remit the sum of Rs.1,40,35,280/- towards providing the HT connection. The petitioner has also made the payment.

Consequently, the respondents started making arrangement for providing HT service connection. 4.The further case of the petitioner is that due to the pandemic situation, the activities of the petitioner company came to a grinding halt due to various factors. Therefore, the petitioner lost income. According to the petitioner, if the HT connection is given, the petitioner will have to make minimum charges at the rate of Rs.300 per KVA. The petitioner wants the HT connection supply to be postponed for a period of ten months. The petitioner made a representation to that effect to the respondents on 03.07.2020. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

5.Heard Mrs.R.Meenakshi, learned counsel appearing on behalf of the petitioner and Mr.M.Varun Kumar, learned standing counsel appearing on behalf of the Tamil Nadu Electricity Board. 6.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 first respondent to consider the representation made by the petitioner on 03.07.2020 and deal with the same strictly in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. 7.The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representation dated 03.07.2020 and a copy of this order.

8.This writ petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The Superintending Engineer, Krishnagiri Electricity District Circle, Old concord school building, Avathanapatti, Krishnagiri-635 001.

2.The Executive Engineer, O & M Krishnagiri, HIG-64, Phase-II, New Housing Board, Krishnagiri-635 001.

3.The Deputy Financial Control, CO/Krishnagiri.

4.The Government Pleader, High Court, Madras.

W.P.No.9380 of 2020 RSI(CO) RMP(30/09/2020)