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Madras High CourtWP/8750/2015disposed of

Tmt.R.Saraswathi v. The Superintending Engineer

2015-03-26Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.8750 of 2015 & M.P.Nos. 1 & 2 of 2015 R.Saraswathi .. Petitioner v.

1 The Superintending Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, Villupuram 2 The Assistant Engineer, Operation and Maintenance, Town-I, Tamil Nadu Generation and Distribution Corporation Limited, Tindivanam 3 The Junior Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, Kiliyanur, V.Kenipattu Village, Tindivanam, Vanur Taluk, Villupuram District.

4 The Assistant Accounts Officer, Revenue Branch, Tamil Nadu Generation and Distribution Corporation Limited, Tindivanam .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus, calling for the records pertaining to letter dated 31.10.2014 made in Lr. No.JEE/E.1/Kili/Zonal Revenue Section/Aa/A.No.10814 of the 3rd respondent quash the same and consequently direct the respondents not to insist the petitioner to pay the amount of Rs.1,11,924/- to the respondents.

For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.M.Varunkumar Standing Counsel - TNEB

ORDER

Heard Mr.T.Dhanasekaran, learned counsel appearing for the petitioner. Mr.M.Varunkumar, learned Standing Counsel takes notice for the respondents. By consent of both the counsels, the writ petition itself is taken up for final hearing at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Certiorarified mandamus to call for the records pertaining to letter dated 31.10.2014 issued by the third respondent, to quash the same and consequently direct the respondents not to insist him to pay the amount of Rs.1,11,924/- to the respondents.

3. It is the case of the petitioner that on 31.10.2014, the third respondent sent a notice informing that for the period from July 2008 to September 2014, the petitioner have to pay short fall of Rs.1,11,924/- in respect of service connection No.464.005.131. On 7.11.2014, the petitioner sent a reply stating that the service connection has been wrongly mentioned in the letter. Thereafter, by mentioning the very same date i.e., 31.10.2014, the third respondent sent another letter by mentioning the correct service connection number and for that also, the petitioner sent a detailed reply on 30.12.2014. On a perusal of the reply, it could be seen that the petitioner had agreed to pay the outstanding amount of Rs.1,11,924/-, without prejudice to his right.

4. Mr.T.Dhanasekaran, learned counsel appearing for the petitioner submitted that the respondents have not disconnected the service connection till this date.

5. Since the petitioner had agreed to pay the outstanding amount of Rs.1,11,924/- in their reply dated 30.12.2014, the petitioner shall pay the said sum of Rs.1,11,924/-, within a period of four weeks from the date of receipt of a copy of this order and the respondents shall not disconnect the service connection till such time. However, in the event of petitioner's default in paying the said sum of Rs.1,11,924/- within the stipulated time, the respondents are at liberty to take appropriate action in accordance with law. With this observation, the writ petition is disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj

To 1 The Superintending Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, Villupuram 2 The Assistant Engineer, Operation and Maintenance, Town-I, Tamil Nadu Generation and Distribution Corporation Limited, Tindivanam 3 The Junior Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, Kiliyanur, V.Kenipattu Village, Tindivanam, Vanur Taluk, Villupuram District.

4 The Assistant Accounts Officer, Revenue Branch, Tamil Nadu Generation and Distribution Corporation Limited, Tindivanam.

1 cc to Mr. T.Dhanasekaran,Advocate, SR.No.17364 1 cc to Mr.M.Varun Kumar ,Advocate, SR.No.17054 W.P.No.8750 of 2015 & M.P.Nos.1 & 2 of 2015 ggk(co) pmk.8.4.2015