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Madras High CourtWP/34931/2014disposed of

Shri Mahaveer Financial And v. The Assistant Engineer

2015-02-18Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2015

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.34931 of 2014 Shri Mahaveer Financial and [ Petitioner ] Builder Pvt. Ltd.

Rep. by its Director Dhanraj C.Shah No.14 Venkatachalam Street Purasawalkam Chennai-7.

Vs

1. The Assistant Engineer Tamilnadu Electricity Board Kellys Chennai-10.

2. The Assistant Engineer, T.N.E.B. Tamil Nadu Electricity Board, Purasawalkam, Chennai 7.

(R2 impleaded as per order dated 18.2.15 in M.P.No.1/15) [ Respondents ] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to consider and pass orders on petitioners representation dated 12.11.2014 regarding to change the tariff from commercial to domestic for the above said property bearing New Door No.14 Old No.11 Venkatachalam Street Purasawalkam Chennai-600007 E.B. No.148/044/143.

For Petitioner : Mr.H.Adaikala Arockiaraj For Respondents : Mr.P.R.Dilip Kumar, SC(TNEB)

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 12.11.2014 regarding the change of tariff from Commercial to domestic for the property bearing New No.14, Old No.11, Venkatachalam Street, Purasawalkam, Chennai600007- E.B. No.148/044/143. https://hcservices.ecourts.gov.in/hcservices/

2. It is the case of the petitioner that the building is being used for domestic purpose and that while the building is used for residential purpose, the respondent is charging electricity tariff under the commercial usage for the said property. In this connection, the petitioner gave a representation dated 12.11.2014 seeking for change of tariff from commercial to domestic.

3. The respondent Board filed their counter and submitted that the petitioner is seeking to get service connection to unauthorized construction put up by them.

4. However the respondent Board having received the representation dated 12.11.2014 has not considered and passed any order on the said representation.

5. In these circumstances, I direct the 2nd respondent to consider the representation of the petitioner dated 12.11.2014 and pass orders on merits and in accordance with law, within two weeks from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To

1. The Assistant Engineer Tamilnadu Electricity Board Kellys Chennai-10.

2. The Assistant Engineer, T.N.E.B. Tamil Nadu Electricity Board, Purasawalkam, Chennai 7.

+ 1 cc to Mr.P.R. Dilipkumar, Advocate SR.9208 W.P.No.34931 of 2014 CNR(CO) EU 06.03.2015 https://hcservices.ecourts.gov.in/hcservices/