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Madras High CourtWP/19673/2020allowed

L.Bhuvaneswaran v. The Superintending Engineer

2021-01-19Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2021

CORAM:

THE HONOURABLE MR. JUSTICE B. PUGALENDHI W.P.No.19673 of 2020 L. Bhuvaneswaran ... Petitioner ..Vs..

1. The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Gobichettipalayam,

2. The Executive Engineer (O & M) Tamil Nadu Generation and Distribution Corporation Ltd., Gobi Electricity Distribution Circle Sathyamangalam 638 401 ... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in Ku.A.No.Se Po/Sathy/Tho.Nu.Vu/Ko/Thani.No.144/20 dated 04.11.2020 and quash the same and consequently accept the Demand Drafts dated 31.10.2020 towards the Taktal Scheme for Agricultural Service Connections.

For Petitioner :

Mr.S.Kamadevan For Respondents:

Mr.N.Damodaran Standing Counsel

ORDER

This writ petition has been filed for the issuance of a Writ of Certiorarified Mandamus calling for the records in Ku.A.No.Se Po/Sathy/Tho.Nu.Vu/Ko/Thani.No.144/20 dated 04.11.2020 and quash the same and consequently accept the Demand Drafts dated 31.10.2020 towards the Taktal Scheme for Agricultural Service Connections as the second respondent has refused to accept the Demand Drafts bearing Nos.828995, 828996, 828997 and 828998 dated 31.10.2020 produced by the petitioner along with his Tatkal application for service connection on the ground of correction found in the instruments.

2. The case of the petitioner is that the respondentsTANGEDCO announced a Tatkal scheme for getting free agricultural service connections fixing the last date for submission of the application along with the Demand Drafts for a sum of Rs.4,00,000/- each on or before 31.10.2020. The petitioner also applied along with the required Demand Drafts. At the time of scrutinizing the application, the Demand Drafts were taken in the name of Superintending Engineer, TANGEDCO without referring the region in the Demand Draft. Therefore, the second respondent has insisted for the region to be mentioned in the Demand Drafts. This was informed to the concerned Bank, who issued the Demand Drafts and the Bank authorities also corrected in the instruments and gave them to the petitioner. This correction for inserting the region name in the Demand Drafts is taken as a ground for refusing the application on the ground of correction in instruments.

3. Though the correction is available in the Demand Drafts produced by the petitioner, without even depositing the Demand Drafts for collection, it is not proper on the part of the second respondent to reject the application on the ground of correction. According to the petitioner, this correction of inserting "GOBI" is made only at the instance of second respondent and the concerned Bank has also made an endorsement to that effect and therefore, it is not proper on the part of the second respondent to reject the application. Since it is only a Demand Draft, this Court is not inclined to accept the reason assigned by the second respondent for refusing to accept the Demand Draft on the ground of correction without even depositing the said Demand Drafts for collection for ascertaining the genuineness of the drafts.

4. Accordingly this writ petition is allowed with a direction to the second respondent to accept the Demand Drafts produced by the petitioner. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dpq To

1. The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Gobichettipalayam,

2. The Executive Engineer (O & M) Tamil Nadu Generation and Distribution Corporation Ltd., Gobi Electricity Distribution Circle Sathyamangalam 638 401 +1cc to Mr.S.Kamadevan , Advocate SR.No. 2820 W.P.No.19673 of 2020 A.SK(21.01.2021)