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Madras High CourtWP/10631/2020closed

M/S.S.R.Bluemetal v. The Chief Engineer

2023-06-27Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.10631 of 2020, 21855 of 2022 and Cont.P.No.1062 of 2023 And W.M.P.Nos.12918, 12920 of 2020 and 20870, 20871 of 2022 M/s.S.R.Bluemetal Rep. by its Proprietor S.Subramanian ... Petitioner in both the W.Ps.

And Cont.P.1062 of 2023 Vs.

1.The Chief Engineer, TANGEDCO, Distribution, Vellore 632 006.

... Respondent in W.P.10631/2020 1.The Chairman, TANGEDCO, No.793, Anna Salai, Chennai - 600 002.

... Respondent in W.P.21855/2022 2.The Superintending Engineer TANGEDCO, Vellore Electricity Distribution Circle, Vellore 632 006.

... Respondent in both the W.Ps.

3.The Assistant Engineer, Walajah Rural, TANGEDCO, Vellore Electricity Distribution Circle, Vellore 632 006.

... Respondent in W.P.10631/2020 1/8

1.Mr.Rajesh Lakhoni, IAS, The Chairman, TANGEDCO, No.793, Anna Salai, Chennai - 600 002.

2.Ms.Shanthi, The Superintending Engineer TANGEDCO, Vellore Electricity Distribution Circle, Vellore 632 006.

... Respondents in Cont.P.

Prayer in W.P.No.10631 of 2020:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to (i) Lr.No.291/SE/VEDC/Dev/AE1/T1/F. New HT SC-SR Bluemetal/2019 dated 02.08.2019 issued by the second respondent (ii) Lr.No.673/SE/VEDC/Dev/AE1/T1/F.

New HT SC-SR Bluemetal/2020 dated 18.01.2020 passed by the second respondent, and (iii) unsigned Lr.No.681/SE/VEDC/Dev/AE1/T1/F. New HT SC-SR Bluemetal/2020 dated 27.01.2020, issued by the second respondent and quash the same thereby directing the respondents to waive the monthly minimum charge for the six months from 02.08.2019 as claimed by the petitioner in their letter dated 06.01.2020 acknowledged on 09.01.2020.

Prayer in W.P.No.21855 of 2022:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records of the second respondent pertaining to Lr.No.355/SE/VEDC/AEE/Dev/ 2/8

AE1/DM/F. HTSC 1391/Redu/2020, dt.11.11.2020 and quash the same thereby permitting the petitioner to reduce the permitted Maximum Demand 500 KVA to Maximum Demand 350 KVA per month as claimed in his letter dated 22.09.2020.

Prayer in Cont.P.No.1062 of 2023:

Contempt petition filed under Section 11 of Contempt of Courts Act praying to punish the respondents for deliberate disobedience and violation of the order passed in W.M.P.No.20871 of 2022 in W.P.No.21855 of 2022 dated 20.02.2023.

For Petitioner : Mr.K.Mohanamurali in both W.Ps. and Cont.P.

For Respondents : Mr.S.Madhusudanan for TANGEDCO in both W.Ps. and Cont.P.

C O M M O N O R D E R The petitioner has filed W.P.No.10631 of 2020 seeking issuance of Writ of Certiorarified Mandamus calling for the entire records pertaining to (i) Lr.No.291/SE/VEDC/Dev/AE1/T1/F. New HT SC-SR Bluemetal/2019 dated 02.08.2019 issued by the second respondent (ii) Lr.No.673/SE/VEDC/Dev/AE1/T1/F.

New HT SC-SR Bluemetal/2020 dated 18.01.2020 passed by the second respondent, and (iii) unsigned Lr.No.681/SE/VEDC/Dev/AE1/T1/F. New HT SC-SR Bluemetal/2020 dated 27.01.2020, issued by the second respondent 3/8

and quash the same thereby directing the respondents to waive the monthly minimum charge for the six months from 02.08.2019 as claimed by the petitioner in their letter dated 06.01.2020 acknowledged on 09.01.2020.

2.The petitioner has filed W.P.No.21855 of 2022 seeking issuance of Writ of Certiorarified Mandamus calling for the entire records of the second respondent pertaining to Lr.No.355/SE/VEDC/ AEE/Dev/AE1/DM/F. HTSC 1391/Redu/2020, dt.11.11.2020 and quash the same thereby permitting the petitioner to reduce the permitted Maximum Demand 500 KVA to Maximum Demand 350 KVA per month as claimed in his letter dated 22.09.2020.

3.The petitioner has filed Cont.P.No.1062 of 2023 alleging willful disobedience of the order dated 20.02.2023 made in W.M.P.No.20871 of 2022 in W.P.No.21855 of 2022. 4.Since the issue involved in these petitions are related to each other, they are heard together and disposed of by way of a common 4/8

order.

5.This Court vide order dated 15.06.2023 made in W.P.Nos.10631 of 2020, 21855 of 2022 and Cont.P.No.1062 of 2023, directed the petitioner to pay a sum of Rs.10,79,166/- towards monthly minimum charges on or before 23.06.2023 and directed the second respondent to consider the petitioner's request/ letter dated 22.09.2020, seeking to reduce the monthly demand from 500 KVA to 350 KVA upon receipt of the amount from the petitioner. 6.Today, when the matter is taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner has paid the amount as directed by this Court in the order dated 15.06.2023.

7.The learned counsel appearing for TANGEDCO submitted that the respondents are ready to reduce the monthly demand from 500 KVA to 350 KVA, however, the petitioner has to pay a sum of Rs.2,02,747/- towards new meter installation charges. 8.In reply, the learned counsel appearing for the petitioner 5/8

submitted that the petitioner is ready to pay the amount of Rs.2,02,747/- towards new meter installation charges, within a period of two weeks from the date of receipt of a copy of this order. 9.In view of the above, this Court directs the the petitioner to pay a sum of Rs.2,02,747/- (Rupees Two Lakhs Two Thousand Seven Hundred and Forty Seven Only) towards new meter installation charges, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said amount, the respondents are directed to reduce the monthly demand from 500 KVA to 350 KVA. If any excess amount has been paid by the petitioner prior to the payment of Rs.10,79,166/-, it is open to the petitioner to make representation to the respondents seeking refund of the excess amount, if any, paid.

10.With the above directions, both the writ petitions and the contempt petition are closed. No costs. Consequently, the connected miscellaneous petitions are closed.

27.06.2023 pri Speaking Order/ Non Speaking Order 6/8

Index: Yes/ No Internet: Yes/ No To 1.The Chief Engineer, TANGEDCO, Distribution, Vellore 632 006.

2.The Chairman, TANGEDCO, No.793, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer TANGEDCO, Vellore Electricity Distribution Circle, Vellore 632 006.

4.The Assistant Engineer, Walajah Rural, TANGEDCO, Vellore Electricity Distribution Circle, Vellore 632 006.

7/8

M.DHANDAPANI,J.

pri W.P.Nos.10631 of 2020, 21855 of 2022 and Cont.P.No.1062 of 2023 And W.M.P.Nos.12918, 12920 of 2020 and 20870, 20871 of 2022 27.06.2023 8/8