Madras High CourtWP/41545/2016disposed of

M.Jayanthi v. The Chairman

2016-11-25Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2016 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P No.41545 of 2016 and WMP No.35549 of 2016 M.Jayanthi ...Petitioner Vs 1 The Chairman Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Anna Salai Chennai 2 The Assistant Executive Engineer (O & M) Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thittakudi, Cuddalore District 3 The Assistant Engineer J 741 Sub Station Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thittakudi, Cuddalore District. ...

Respondents Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus forbearing the respondents and their subordinates from in any manner disconnecting or disturbing the electricity connections of the petitioner in SC No.081-004-240 and SC No.081-004-342 of the Sub Station and Distribution section of the 3rd respondent and consequently direct the 3rd respondent to consider the representation made by the petitioner dated 19.10.2016. For Petitioner : Mr.R.Kannan For Respondents: Mr.M.Varunkumar

O R D E R

This case is already covered by order passed by this Court in similar writ petition No.11284 of 2016 dated 28.03.2016 and the relevant paragraph 5 is extracted as follows -

5.In the light of the above, the second respondent is directed to take note of the petitioner's representation/reply dated 21.07.2015, consider all the objections raised by the petitioner, afford an opportunity of personal hearing to the petitioner's authorised representative and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till orders are passed, the amount mentioned in the demand notice shall not be demanded from the petitioner nor the second respondent is entitled to disconnect the electricity supply on the said ground. Needless to state that so far as the current consumption charges are concerned, the petitioner shall continue to remit the same.

2. Following the earlier order passed by this Court, stated supra, the third respondent is directed to take note of the petitioner's representation dated 19.10.2016, consider all the objections raised by the petitioner, afford an opportunity of personal hearing to the petitioner's authorised representative and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till orders are passed, the amount mentioned in the demand notice shall not be demanded from the petitioner nor the third respondent is entitled to disconnect the electricity supply on the said ground. Needless to state that so far as the current consumption charges are concerned, the petitioner shall continue to remit the same.

3. This writ petition is disposed of in terms of the above directions. No costs. Consequently, connected W.M.P is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To 1 The Chairman Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Anna Salai, Chennai.

2 The Assistant Executive Engineer (O & M) Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thittakudi, Cuddalore District.

3 The Assistant Engineer J 741 Sub Station Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thittakudi, Cuddalore District.

W.P No.41545 of 2016 rv[co] srg 02/12/2016