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Madras High CourtWP/31530/2015disposed of

R.Dulasi Rangam v. The Superintendent Of Police

2015-10-06Honourable Mr Justice M. Sathyanarayanan3 pages

In the High Court of Judicature at Madras Dated: 06.10.2015 Coram The Honourable Mr.JUSTICE M.SATHYANARAYANAN Writ Petition No.31530 of 2015 R.Dulasi Rangam .... Petitioner Vs.

1. The Superintendent of Police, District Police Officer, Cuddalore District.

2. The Chairman cum Managing Director, Neyveli Lignite Corporation Ltd., Neyveli, Cuddalore District.

... Respondents PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to repay the amount recovered towards electricity charges Rs.1846/- on every month from the petitioner's salary, since January 2014, as the amount for Electricity Charges directly paid by the petitioner to the Neyveli Lignite Corporation.

For Petitioner : Mr.V.Ravikumar For Respondents : Mr.S.Gunasekaran, G.A. - R1 Mr.F.B.Benjamin George - R2

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner at present is working as Special SubInspector of Police in the services of the Tamil Nadu Police and while his tenure as Head Constable in the year 2000, he was allotted with B7 quarters, in the North Green Field, Block 9, Neyveli Township (NLC), Neyveli on 01.10.2000 and according to him, prior to 1985, there was different kind of levy of electricity charges in respect of NLC staff, who occupied the quarters as well as the Departmental staff and in respect of

other persons, the electricity consumption charges were charged at a higher rate.

3. The first respondent, vide proceedings dated 26.11.2013, has passed an order directing recovery of electricity charges from the salary of the non-NLC staff and accordingly, a sum of Rs.782/- was fixed as electricity consumption charges for the petitioner. The sum due and payable by the petitioner was also paid out of his salary. However, to the shock and surprise of the petitioner, a sum of Rs.1,846/- is being deducted from the salary of the petitioner every month and in this regard, he has submitted representations dated 28.07.2014 and 20.08.2015 to respondents 1 and 2 praying for refund of the amount already recovered from his salary. Since no orders have been passed, the petitioner came forward to file this Writ Petition.

4. Heard the submissions of the learned counsel appearing for the petitioner, Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the first respondent and Mr.F.B.Benjamin George, learned Standing Counsel, who accepts notice on behalf of the second respondent.

5. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the first respondent to consider the representation of the petitioner dated 20.08.2015 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

sl To

1. The Superintendent of Police, District Police Officer, Cuddalore District.

2. The Chairman cum Managing Director, Neyveli Lignite Corporation Ltd., Neyveli, Cuddalore District.

+1 cc to Mr.F.B.Benjamin George,Advocate(sr.54863 +1 cc to Mr.V.Ravikumar,Advocate(sr.54096) +1 cc to Government Pleader(sr.54406) Writ Petition No.31530 of 2015 LRS(co) cp 19/10/2015