M/S.Rs Development And Constructions India (P) Ltd., v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 15471 & 15472of 2025 M/S.RS DEVELOPMENT AND CONSTRUCTIONS INDIA (P) LTD., REP. BY ITS AUTHORISED SIGNATORY, G.VEERAMANI, NO.56/1B, ERANCHI VILLAGE, KALLAKURICHI TALUK, KALLAKURICHI DISTRICT.
... Petitioner Vs 1.
THE SUPERINTENDENT ENGINEER, TANGEDCO, KALLAKURICHI, KALLAKURICHI DISTRICT.
2.
THE EXECUTIVE ENGINEER, (OPERATION AND MAINTENANCE), TANGEDCO, ULUNDURPET DIVISION, ULUNDURPET - 606 107.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the entire records pertaining to the proceedings of the second respondent in Ka.No./Se.Po/E & Pa/O.Pe/O.Ka.A.Va.P.Ko.MD/A.No.845/2025-26 dated 26.03.2025 and quash the same, consequently direct the second respondent to give opportunity of hearing for the petitioner.
1/5
For Petitioner : Mr.G.Balaji For R1 & R2 : Mr.Swamy Subramanian
ORDER
This writ petition is filed to quash the proceedings of the second respondent in Ka.No./Se.Po/E & Pa/O.Pe/O.Ka.A.Va.P.Ko.MD/A.No. 845/2025-26, dated 26.03.2025 and consequently to direct the second respondent to give opportunity of hearing for the petitioner.
2. The petitioner has two grievances in the writ petition. The learned counsel appearing for the petitioner submits that he will make a separate representation with regard to the tariff. As far as the disconnection is concerned, reconnection may be ordered and the petitioner is willing to pay in installments.
3. Mr.Swamy Subramanian, the learned counsel taking notice on behalf of the respondents 1 & 2, submits that the default amount may be taken into consideration and appropriate installments may be fixed.
4. I have considered the rival submissions made on either side. 2/5
5. In view thereof, this writ petition is disposed of on the following terms:- (i) It will be open to the petitioner to make a separate representation with reference to the fixation of tariff and the same will be considered by the respondents in accordance with the law.
(ii) As far as the disconnection of the present connection is concerned, the same was disconnected and there are arrears of Rs.22,23,590/- payable. The petitioner shall pay the first installment of Rs.4,00,000/-. Upon payment of the first installment, the respondents shall reconnect the electricity. Thereafter, every month, along with the consumption bill, the balance amount of Rs.18,23,590/- shall be paid in 12 equal monthly installments. (iii) It is made clear that if the petitioner defaults in any one of the installments, the respondents will be entitled to disconnect the power again and also take action in accordance with law.
(iv) Consequently, connected miscellaneous petition is closed. No costs.
21.04.2025 nsl 3/5
To 1.
THE SUPERINTENDENT ENGINEER, TANGEDCO, KALLAKURICHI, KALLAKURICHI DISTRICT.
2.
THE EXECUTIVE ENGINEER, (OPERATION AND MAINTENANCE), TANGEDCO, ULUNDURPET DIVISION, ULUNDURPET - 606 107.
4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl 21.04.2025 5/5