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Madras High CourtWP/36854/2015disposed of

Mrs.B.Yashoda, v. The Executive Engineer

2015-11-19Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.36854/2015 & MP.Nos.1&2/2015 Mrs.B.Yashoda .. Petitioner Vs.

1.The Executive Engineer Tamilnadu Generation & Distribution Corporation Ltd., [TANGEDCO] K.K.Nagar Electricity Distribution Division, K.K.Nagar, Chennai - 78.

2.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd., [TANGEDCO] K.K.Nagar Electricity Distribution Division, K.K.Nagar, Chennai - 78.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the records on the file of the 2nd respondent relating to the impugned letter bearing No.Lt.No.AF/O&M/ASN/West/FAPTS/D/507/2015 dated 20.07.2015 and quash the same and consequently direct the respondents to permanently restore the Electricity Service Connection No.276025-451 [New SC.No.228-025-446] at K.K.Nagar, Distribution situated at the petitioner premises in shop No.5 at THHB Shopping complex, 100 feet road, Vadapalani, chennai 600026. For Petitioner : Mr.M.Vijay Anand For R1 & R2 : Mr.P.Gunaraj

ORDER

Heard the learned counsel for the petitioner and Mr.P.Gunaraj, learned Standing Counsel accepting notice for the respondents 1 and 2 and with their consent, the writ petition is taken up for final disposal.

The petitioner has filed this writ petition challenging the order of demand dated 20.07.2015 demanding from the petitioner a sum of Rs.3,40,061/- being the current consumption

charges, a sum of Rs.2,49,146/- being the extra levy and Rs.1,68,043/- being the re-connection charges and in all, Rs.7,57,220/-. This amount has been directed to be paid by the petitioner to enable him to get re-connection of the service connection which was disconnected on the ground of theft of energy. The petitioner states that he is the owner of the commercial shop in the Complex and certain misdemeanors were committed by the tenants, for which the petitioner has been penalised.

Learned counsel for the petitioner would submit that the break-up details have not been furnished to the petitioner as to how the quantum has been arrived at, more particularly, how the re-connection charges is demanded at Rs.1,68,043/-. It is further submitted that if the amounts are appropriate and reasonable, the petitioner is ready and willing to remit the amount, provided the details are furnished to her. Accordingly, without setting aside the impugned proceedings, there will be a direction to the 2nd respondent to communicate a detailed working sheet as to how the amount of Rs.7,57,220/- has been arrived at within a period of two weeks from the date of receipt of a copy of this order and on receipt of the working sheet, it is open to the petitioner either to accept the entire calculation and remit the amount and in such an event, she will be entitled for re-connection. On the other hand, if she is aggrieved by any portion of the computation, it is open to her to work out the remedy in accordance with law or as provided under the relevant Regulations.

The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP

To 1.The Executive Engineer Tamilnadu Generation & Distribution Corporation Ltd., [TANGEDCO] K.K.Nagar Electricity Distribution Division, K.K.Nagar, Chennai - 78.

2.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd., [TANGEDCO] K.K.Nagar Electricity Distribution Division, K.K.Nagar, Chennai - 78.

+1cc to Mr.M. Vijay Anand, Advocate, S.R.No.62597 +1cc to Mr.P. Gunaraj, Advocate, S.R.No.62709 SK(CO) EU(27/11/2015) WP.No.36854/2015