N.Venkatesh v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2020 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.9453 of 2020 N.Venkatesh License of M/s. Woodlands Theatres, New No.25 (old No.10) West Cott Road, Royapettah, Chennai - 600014. ... Petitioner Vs.

1. The Superintending Engineer, Chennai (Central), MGR Salai,

2. The Deputy Financial Controller, CEDC/Central, MGR Salai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the first respondent herein to adjust the excessively held security deposit of Rs.84,959/- against two future demands for electricity supplied to the petitioner herein as mandated by Regulations 5 (5) (v) of the Tamilnadu Electricity Supply Code 2004 for the review year 2018-19 in respect of the petitioner's High Tension Consumer connection vide service No.019094022039, with in a time frame to be fixed by the Hon'ble Court. For Petitioner : Mr.S.Prem Auxilian Raj For Respondents: Mr.P.R.Dhilip Kumar Standing Counsel

O R D E R

(The case has been heard through video conference) This writ petition has been filed for the issue of Writ of Mandamus, directing the first respondent to consider the representation made by the petitioner and to

adjust the excessively held security deposit against the future demands for electricity supplied to the petitioner in accordance with Regulations under the Tamil Nadu Electricity Supply Code 2004.

2. The case of the petitioner is that there is an excess of security deposit of a sum of Rs.84,959/- which is available with the first respondent and the same should be adjusted against the demand in accordance with the Regulation 5 (5) (v) of the Tamil Nadu Electricity Supply Code 2004.

The petitioner has made representations in this regard on 14.05.2020 and 02.07.2020. Since the same was not considered by the respondents, the present writ petition has been filed before this Court seeking for an appropriate direction.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. Taking into consideration, the facts and circumstances of this 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 representations made by the petitioner on 14.05.2020 and 02.07.2020 in accordance with Tamil Nadu Electricity Supply Code 2004 and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representations dated 14.05.2020 and 02.07.2020 and a copy of this order.

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

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

1. The Superintending Engineer, Chennai (Central), MGR Salai,

2. The Deputy Financial Controller, CEDC/Central, MGR Salai, +1cc to Mr.Prem Auxilian Raj, Advocate, S.R.No.25314 LN(CO) CB(20/08/2020) W.P.No.9453 of 2020