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Madras High CourtWP/14684/2020disposed of with direction

K.Premraja v. Union Of India

2024-10-15Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.Nos.14684, 14613, 15661, 16269 and 16276 of 2020 and WMP. Nos.18260, 18118, 18119, 20339, 20342, 20350, 20352, 19505 and 19507 of 2020 K.Premraja .... Petitioner in W.P.no.14684/2020 Christ College of Engineering & Technology, Rep. By its Authorised Signatory, Shabnam Banu, Having Office at No.12, Halls Road, Kilpauk, Chennai-10.

... Petitioners in 14613, 16269, 16276 and 15661 of 2020 Vs.

1. Union of India, Rep. By its Secretary - Electricity The Government of Puducherry, Chief Secretariat, Puducherry- 605 001.

2. The Superintendent Engineer-1, Electricity Department, Main Office Campus, No.137, NSC Bose Salai, Puducherry-605 001.

3. The Financial Controller/ Senior Accounts Officer-1, Electricity Department, Main Office Campus, No.137, NSC Bose Salai, Puducherry-605 001.

4. The Joint Electricity Regulatory Commission, (For the State of Goa and Union Territories)

3rd and 4th Floor, Plot No.55-56, Sector 18, Udyogvihar - Phase IV, Gurugram (122015) Haryana.

... Respondent in W.P.No.14684 of 2020

1. The Managing Director, Electricity Department, Government of Puducherry, Puducherry.

2. The Financial Controller/Senior Account Officer-I, Puducherry.

3. The Executive Engineer-II, Electricity Department, Government of Puducherry, Puducherry.

4. The Joint Electricity Regulatory Commissioner, Sector 18, UDVOGVIHAR, GURUGARAM, State of Haryana, R4 - Suo motu impleaded by this Court vide order dated 18.01.2021 in W.P.No. .....

....... Respondents in 14613, 16269, 16276 and 15661 of 2020 Prayer in W.P.no.14684 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records leading to the issuance of the original impugned High Tension Energy Consumption Bills issued by the 3rd respondent for the month of March 2020 (Bill No. 65 / 2020-2021 dated 15.04.2020) April 2020 (Bill No. 582 / 2020-2021 dated 15.05.2020) May 2020 (Bill No. 1097/ 2020-2021 dated 16.07.2020) June 2020 (Bill No. 1613 / 2020-2021) dated 16.07.2020 July 2020 (Bill No. 2129 / 2020-2021 dated 12.08.2020) and for the Month of August 2020 (Bill No. 2648 / 2020-2021 dated 14.09.2020) pertaining to Consumer Code No. 853 in violation of Clause 74(1) of the Terms and conditions of Supply of Electricity of the Electricity Department, Puducherry

and quash the same and direct the respondents 1 to 3 herein to raise the monthly bill calculating actual recorded demand and consumption of electricity charges only in accordance with clause 74(1) of the Terms and conditions of Supply of Electricity of the Electricity Department, Puducherry, till the extended period of Lock Down is lifted by the Government of Puducherry insofar as the petitioner is concerned. Prayer in W.P.No.14613 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records leading to the issuance of the original impugned High Tension energy consumption bills issued by the Second respondent for the month of March 2020 dated 15.04.2020, April 2020 dated 15.05.2020, May 2020 dated 16.06.2020, June 2020 dated 16.07.2020 and July 2020 dated 12.

08.2020 and August 2020 dated 14.09.2020 pertaining to H.T. Service connection Consumer No.201 and quash the same and direct the respondents to rework the HT Service connection Consumer No.201 and the excess amount shall be adjusted towards the future bills and the minimum charges alone shall be adjusted onwards the future bills and the minimum charges alone shall be collected till the lifting of the lockdown for petitioner college by the Government of Puducherry and not to levy penalty till the lock down is lifted and operation of college commences insofar the petitioner is concerned. Prayer in W.P.No.

16269 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records leading to the issuance of the original impugned High Tension energy Consumption Bills issued by the Second respondent for the month March 2020 to July 2020 dated 12.8.

Respondents to rework the HT service Connection consumer no 870 and the excess amount shall be adjusted towards the further bills and the Minimum charges alone shall be collected till the lifting of the lockdown for petitioner hotel/ Lodging by the Government of Puducherry and not to levy penalty till the Lock Down is lifted and operation of Hotel/ Lodging commences in so far as the Petitioner is concerned.

Prayer in W.P.No.16276 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus Calling for the records leading to the issuance of the original impugned High Tension Bills issued by the Second Respondent for the month of March 2020 dated 15.04.2020 April 2020 dated 15.05.2020 May 2020 dated 16.06.2020 June 2020 dated 16.07.2020 July 2020 dated 12.08.2020 August 2020 dated 14.09.2020 pertaining to H.T. Service connection Consumer No. 463 and quash the same and direct the Respondents to rework the H.T. Service connection Consumer No. 463 and the excess amount shall be adjusted towards the future bills and the minimum charges alone shall be collected till the lifting of the lockdown for petitioners hotel / lodging by the Government of Puducherry and not to levy penalty till the lock down is lifted completely and operation of hotel/lodging commences insofar as the petitioner is concerned.

Prayer in W.P.No.15661 of 2020: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus calling for the records leading to the issuance of the original impugned High Tension energy consumption bills issued by the second respondent for the month March 2020 dated 15.04.2020, April 2020 dated 15.05.2020, May 2020 dated 16.06.2020, June 2020 dated 16.07.2020, July 2020 dated 12.08.2020 and August 2020

dated 14.09.2020 pertaining to HT Service connection Consumer NO.116 and quash the same and direct the respondents to rework the HT Service connection consumer No.116 and the excess amount shall be adjusted towards the future bills and the minimum charges alone shall be collected till the lifting of the lockdown for the petitioner's college by the Government of Puducherry and not to levy penalty till the lock down is lifted and operation of college commences insofar as the petitioner is concerned. For Petitioner : Mr.S.Prem Auxilian Raj for W.P.No.14684/2020 Mr. Vijayan Subramanian for 14613, 16269, 16276 and 15661 of 2020 For Respondents : Mr. V.Vasanthakumar, AGP (P) COMMON ORDER Since the issues arises in the writ petitions are one and the same, the same are disposed of by way of this common order.

2. The writ petitioners seeks to quash the order pertaining to the proceedings of the 4 th respondent made in Na.Ka.No.2801/2014/A3, dated 27.05.2015 so as to quash the same.

2. When the matter is taken up for hearing, the learned counsel for the petitioners seek permission of this Court to withdraw the writ petitions. To that effect, they made an endorsement in the case bundle.

3. Recording the said submission made by the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. 15.10.2024 rli To:

1. The Commissioner, HR & CE Department, Nungambakkam, Chennai-34.

2. The Revenue divisional Officer, Tiruchengode, Namakkal District.

3. The Inspector of Police, Elacichipalayam Police Station, Elaichipalayam Circle, Elaichipalayam Post, Tiruchengode Taluk, Namakkal District.

4. The Joint Commissioner, HR & CE (Administration Department) Kottaimariamman Kovil Campus, Near Old Salem Town Bus Stand, Salem-1.

M. DHANDAPANI .J.

rli W.P.Nos.14684, 14613, 15661, 16269 and 16276 of 2020 15.10.2024