P.Karichiappan (Deceased) v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A. NO.2369 OF 2021 P.Karichiappan (Deceased)

1. Navamani

2. Priya

3. Prakash ... Appellants/ Petitioners vs

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

2. The Assistant Executive Engineer, Operation and Maintenance, Gopi Electricity Distribution Circle, Tamil Nadu Generation of Electricity and Distribution Corporation, Nambiyur, Gopi Taluk, Erode District.

3. The Assistant Executive Engineer (Distribution) Gopi Electricity Distribution Circle, Tamil Nadu Generation of Electricity and Distribution Corporation, Nambiyur, Gopi Taluk, Erode District.

... Respondents/Respondents Prayer:

Writ Appeal filed under Clause 15 of the Letters Patent r/w Article 226 of the Constitution of India to set aside the order passed by this Court dated 26.04.2021 in W.P.No.15739 of 2011 and consequently allow the Writ Petition as prayed for. Prayer in W.P.No.15739 of 2011:- Filed under Article 226 of Constitution of India to issue a Writ of Certiorari calling for the records of the respondents in reference No.f/ vz;/ 2 nrngh/,2ng/ek;gp/nfh/jdp/mvz;/ 35/11 dated 13.06.2011

and quash the same as illegal, arbitrary and against the provisions of Electricity Act, 2003 and Electricity Supply Code 2004.

For Appellants :

Mr.P.K.Rajagopal For Respondents :

Mr.M.Abul Kalam Standing Counsel for TANGEDCO

JUDGMENT

[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.] The Writ Appeal is directed against the order dated 26.04.2021 passed by the learned Single Judge in W.P.No.15739 of 2011.

2.

After arguing for some time, the learned counsel for the appellants wants to withdraw the writ appeal, retaining the permission granted by the learned Single Judge in the said Writ Petition to go before the Appellate Authority. 3.

Accordingly, the Writ Appeal is dismissed as withdrawn, granting liberty to the appellants to file a statutory appeal before the Appellate Authority within a period of thirty days from the date of receipt of a copy of this judgment. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar srn To

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

2. The Assistant Executive Engineer, Operation and Maintenance, Gopi Electricity Distribution Circle, Tamil Nadu Generation of Electricity and Distribution Corporation, Nambiyur, Gopi Taluk, Erode District.

3. The Assistant Executive Engineer (Distribution) Gopi Electricity Distribution Circle, Tamil Nadu Generation of Electricity and Distribution Corporation, Nambiyur, Gopi Taluk, Erode District.

+1cc to Mr.M.Abul Kalam, Advocate, S.R.No.52906 W.A.No.2369 of 2021 PVS(CO) PM/12/11/2021