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Madras High CourtWP/9111/2004disposed of

M/S.Sree Karthikeya Industries v. State Of Tamil Nadu, Rep By

2018-07-11Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.07.2018 C O R A M THE HON'BLE Mr.JUSTICE P.D.AUDIKESAVALU W.P.No.9111 of 2004 M/s.Sree Karthikeya Industries, Rep. by its Partner, P.Anbalagan, No.87 & 132, SIDCO Industrial Estate, Ranipet 632 403, Vellore District.

...Petitioner

vs 1.The State of Tamil Nadu, Rep. by Secretary to Government, Energy Department, Fort St.George, Chennai 600 009.

2.Tamil Nadu Electricity Board, Rep. by its Chairman, No.800, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, TNEB, SIDCO, Vellore District 632 403.

4.The Junior Engineer, TNEB, SIDCO, Vellore District 632 403.

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari to call for the records pertaining to the order passed by the fourth respondent vide Lr.No.JE/E-IV/SID/SC-29 SID/2004, dated 11.03.2004 and quash the same.

For petitioner : Mr.M.Mohamed Riyaz For Respondents: Mr.S.Kamalesh Kannan for R1 Government Advocate Mr.M.Varunkumar for R2 to R4

O R D E R

Heard Mr.M.Mohamed Riyaz, learned counsel for the Petitioner, Mr.S.Kamalesh Kannan, learned Government Advocate appearing for the First Respondent and Mr.M.Varunkumar, learned counsel appearing for the Second to Fourth Respondents. 2.The petitioner has challenged the order bearing Lr.No.JE/E-IV/SID/SC-29 SID/2004, dated 11.03.2004 passed by the Fourth Respondent by which the Petitioner was required to pay a sum of Rs.59,793/- towards electricity dues.

3.A counter affidavit dated 11.07.2018 has been filed by the Second to Fourth Respondents stating that the aforesaid sum of Rs.59,793/- together with BPSC and current consumption arrears charges has been adjusted in the current consumption deposit SC 29/SIDCO of Rs.1,64,700 and the service connection was disconnected on 16.03.2006 for non payment of current consumption charges and the account has been closed and that the petitioner has left that place and in view of the recovery of the entire dues, nothing survives for consideration in this writ petition.

4.Learned counsel for the Petitioner is not in a position to rebut the aforesaid submission made by the Respondents. Recording the same, the Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-v) //True Copy// Sub Assistant Registrar vri To 1.The Secretary to Government, Energy Department, Fort St.George, Chennai 600 009.

2.The Chairman,Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, TNEB, SIDCO, Vellore District 632 403.

4.The Junior Engineer, TNEB, SIDCO, Vellore District 632 403.

+1cc to Mr.M.VARUNKUMAR, Advocate, S.R.No. 45812 W.P.No.9111 of 2004 TR(07/08/2018)