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Madras High CourtWP/27311/2023disposed of

Bushra Tasneem v. The Chairman

2023-09-19Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023 CORAM : JUSTICE N.SESHASAYEE Bushra Tasneem ... Petitioner Vs 1.The Chairman Tamil Nadu Generation and Distribution Corporation Anna Salai, Chennai - 600 002.

2.The Assistant Electrical Engineer Tamil Nadu Generation and Distribution Corporation Ambur, Tirupattur District.

3.The Junior Engineer Tamil Nadu Generation and Distribution Corporation Thuthiput, Ambur, Tirupattur District.

.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 2 and 3 to reduce the supply load from 108 KW to 50 KW as requested in the letter dated 31.07.2023.

For Petitioner : Mr.Zafarullah Khan For Respondents : Mr.S.Madhusudhanan Standing Counsel for R1 to R3 1/4

ORDER

The petitioner herein had made a request to TANGEDCO to reduce the supply load of her electricity connection from 108 KW to 50 KW, and this request is pending with TANGEDCO since 31.07.2023.

2. Mr.S.Madhusudhanan, learned Standing Counsel takes notice for the respondents, and has submitted that there is an outstanding arrears of Rs.80,714/-, which the petitioner is liable to pay, and hence, the TANGEDCO could not attend to this request, and also added that TANGEDCO is willing to consider the case of the petitioner provided, she paid the entire arrears of Rs.80,714/-.

3. The learned counsel for the petitioner submitted that the aforesaid sum of Rs.80,714/- allegedly relates to electricity charges between 21.04.2023 to 16.08.2023, during which period, her electricity service connection has been disconnected, and this is under challenge in W.P.No.25913 of 2023.

4. Without prejudice to the contention raised by the petitioner in W.P.No.25913 of 2023, this Court merely directs the petitioner to pay the 2/4

arrears which will be subject to the outcome of W.P.No.25913 of 2023, in order she may obtain atleast the relief she has sought now.

5. The learned counsel for the petitioner on instructions submitted that the petitioner is willing to pay the arrears under protest.

6. This Court now requires the petitioner to pay the entire arrears of Rs.80,714/- to the third respondent within a period of two weeks from today, and the respondent concerned is required to attend the petitioner's request within next two weeks from the date on which the petitioner makes her payment. So far as the legitimacy of the respondents' claim for payment of Rs.80,714/- is concerned, it is left open to be considered in W.P.No.25913 of 2023.

7. The writ petition is disposed of accordingly. No costs. 19.09.2023 Index : Yes / No Speaking order / Non-speaking order ds 3/4

N.SESHASAYEE.J., ds To:

1.The Chairman Tamil Nadu Generation and Distribution Corporation Anna Salai, Chennai - 600 002.

2.The Assistant Electrical Engineer Tamil Nadu Generation and Distribution Corporation Ambur, Tirupattur District.

3.The Junior Engineer Tamil Nadu Generation and Distribution Corporation Thuthiput, Ambur, Tirupattur District.

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