A.Jayendran v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.22383 of 2021 A.Jeyendran Petitioner -Vs1 The Executive Engineer/O&M Tamil Nadu Electricity Board, Vyasarpadi Division, No.110/33, KVSS Complex, Chennai - 600 039.
2 The Asst Executive Engineer, Tamil Nadu Electricity Board, Kalmadapam North Division, Royapuram, Chennai - 600 013.
Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to process the application submitted for the surrender of the electricity service connection bearing No.SC.No.002-010-76 and for refund of deposit amount with interest.
For Petitioner : Mr.L.Dhamodaran For Respondents : Mr.L.Jai Venkatesh Standing Counsel
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to process the application submitted by the petitioner wherein, the petitioner has surrendered the service connection and is seeking for the refund of deposit amount with interest.
2.The grievance of the petitioner is that he had given a letter on 07.07.2021 to the respondents by informing that the service connection in S.No.002-010-76 is surrendered and the petitioner had sought for the refund of the security deposit. In spite of several visits to the office of the 2nd respondent, the petitioner was not able to get the deposit amount refunded. Even the Lawyer's notice did not evoke any response. Left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate direction. 3.When the matter was taken up for admission, Mr.R.Sivasankaran, AE/O&M/Kamadapam, CEDC, North was present from the office of the 2nd respondent.
The learned Standing Counsel appearing on behalf of the respondents on instructions submitted that if the petitioner submits the hand receipt and also an undertaking before the 2nd respondent, the deposit amount will be immediately refunded to the petitioner. 4.The learned counsel for the petitioner submitted that the petitioner was always willing to submit whatever documents are required and in view of the specific stand taken by the respondents, the petitioner will once again submit the hand receipt and also the undertaking as sought for by the 2nd respondent. The learned counsel submitted that some time limit may be fixed by this Court by directing the 2nd respondent to refund the deposit amount.
5.Taking into consideration the facts and circumstances of the case and the specific stand taken by the respondents, there shall be a direction to the petitioner to go over to the office of the 2nd respondent and submit the hand receipt and the undertaking as required by the 2nd respondent. Immediately, on receipt of the same, the security deposit amount shall be refunded, within a period of two weeks from the date of receipt of the necessary documents from the petitioner.
6.This writ petition is disposed of with the above directions. No Costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar ssr To 1 The Executive Engineer/O&M Tamil Nadu Electricity Board, Vyasarpadi Division, No.110/33, KVSS Complex, Chennai - 600 039.
2 The Asst Executive Engineer, Tamil Nadu Electricity Board, Kalmadapam North Division, Royapuram, Chennai - 600 013.
+1CC to Mr.L.Dhamodharan, Advocate, SR.No. 54337 W.P. No.22383 of 2021 AK II(CO) B.VC (08/11/2021)