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Madras High CourtWP/10361/2004allowed

Arulmighu Devanatha Swamy v. Tamil Nadu Electricity Board,

2017-08-23Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.10361 of 2004 and W.M.P.No.12079 of 2004 Arulmighu Devanatha Swamy Temple Rep by its Executive Officer, Thiruventhipuram, Cuddalore District .. Petitioner Vs.

1) Tamil Nadu Electricity Board, represented by its Chairman, 800, Anna Salai, Chennai 600 002.

2) The Executive Engineer (O&M), Tamil Nadu Electricity Board, Nelikuppam.

3) The Assistant Executive Engineer (O & M) Tamil Nadu Electricity Board, Varakalpet, Cuddalore Taluk.

4) The Junior Engineer (O & M), Tamil Nadu Electricity Board, Varakalpet, Cuddalore Taluk .. Respondents Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in Sa:SE/O&M/ NKM/UKA/Ka.Me1/DE/Ka.Thani/2001-2002/ /04 dated 10.03.2004 and seeking direction of the respondents to forbear from collecting any amount or changing the tariff as mentioned in the impugned order.

For Petitioner :

Mr.Raja Shrinivas for Mr.R.SunilKumar For Respondents:

Mr.M.Varunkumar https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has come forward with this Writ Petition challenging the order, dated 10.03.2004 passed by the second respondent vide proceedings in Sa:SE/O&M/NKM/UKA/Ka.Me1/DE/ Ka.Thani/2001-2002/ /04 and for a direction to the respondents to forbear from collecting or changing the tariff as mentioned in the impugned orders.

2. Learned counsel appearing for respondents/Electricity Board submitted that similar writ petitions bearing W.P.Nos.23589 and 23590 of 2003 were allowed by this Court by following the ratio laid down by this Court in the order dated 07.02.2012 passed in W.P.Nos.34272 & 34273 of 2002.

3. In view of the submission made, this Writ Petition is allowed. No costs. Consequently, connected W.M.P.No.12079 of 2004 is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar sts To:

1) The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai 600 002.

2) The Executive Engineer (O&M), Tamil Nadu Electricity Board, Nelikuppam.

3) The Assistant Executive Engineer (O & M) Tamil Nadu Electricity Board, Varakalpet, Cuddalore Taluk.

4) The Junior Engineer (O & M), Tamil Nadu Electricity Board, Varakalpet, Cuddalore Taluk.

+ 1 cc to Mr. M. Varunkumar, Advocate Sr.61146 W.P.No.10361 of 2004 SAI(CO) EU(05/10/2017) https://hcservices.ecourts.gov.in/hcservices/