Bollineni Hillside Residential Township Owners Association v. The Assistant Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.28952 & 28953 of 2022 Bollineni Hillside Residential Township Owners Association (Regd.No.342/2010) Representing as a President Satish Chandrasekaran, Perumbakkam Road, Nookampalayam, Sithalapakkam Post, Chennai-126.

... Petitioner Vs 1.The Assistant Executive Engineer O &M/Medavakkam CEDC/South-II.

2.The Asst.Engineer, O &M/Sithalapakkam CEDC/South-II., Chennai-126.

3.The Superintending Engineer, CEDC/South-II Tned 110 KV/SS/COMPLEX K.K.Nagar, Chennai-78.

... Respondents 1/4

Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the entire records connected with the proceedings of the 2nd respondent in Lr.No.AE/O&/Sithalapakkam/F.AE/D.No.187/2022-23/Dt.29.10.2022, and quash the same as illegal and arbitrary and consequently direct the 3rd respondent to conduct an enquiry in respect of the petitioner appeal dated 12.07.2019. For Petitioner : Mr.K.Jayarama For Respondents : Mr.L.Jaivenkatesh, Standing Counsel O R D E R Aggrieved by the impugned proceedings of the 2nd respondent dated 29.10.2022, the petitioner is before this Court praying for a direction to the 3rd respondent to conduct an enquiry in respect of the petitioner's appeal dated 12.07.2019.

2. It is the case of the petitioner that the petitioner obtained electricity service connection from the respondents in respect of which, the petitioner received a letter from the 1st respondent vide proceedings dated 15.11.2018 demanding the petitioner to pay a sum of Rs.16,35,761/- towards rental arrears against which, the petitioner preferred a Writ Petition before this Court in W.P.No.12694 of 2018 wherein, this Court vide order dated 26.04.2019 directed the petitioner to prefer an appeal/representation to the 3rd respondent by depositing 50% of the demand amount within a period of one week and that the outcome of the Writ Petition will be subject to the result of the appeal. Pursuant 2/4

to which, though the petitioner had paid 50% of the impugned demand amount and also filed an appeal on 12.07.2019 before the 3rd respondent, till date, the said appeal has not been taken up for disposal. Pending the appeal, another bill was raised by the respondent towards the arrears of Rs.4,30,097/-. Despite the petitioner having made such payment, the present impugned order dated 29.10.2022 has come to be passed claiming the remaining sum of Rs.3,87,781/-

3. Learned Standing Counsel appearing for the respondents submitted that though the petitioner had deposited 50% of the arrears pursuant to the proceedings of the 1st respondent dated 20.12.2018 and had also paid a further sum of Rs.4,30,097/-, a balance amount of Rs.3,87,781/- is due to be paid by the petitioner. It was, however, submitted that, this Court may issue a direction to the petitioner to forward a copy of the appeal along with a copy of this order to the 3rd respondent so as to enable the 3rd respondent to pass appropriate orders.

4. Considering the facts and circumstances of the case, the petitioner is directed to submit a copy of the appeal along with a copy of this order before the 3rd respondent within a period of two (2) weeks from the date of receipt of a copy of this order and upon receipt of the same, the 3rd respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks thereafter. 3/4

M.DHANDAPANI, J Nhs

5. The Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

29.10.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The Assistant Executive Engineer O &M/Medavakkam CEDC/South-II.

2.The Asst.Engineer, O &M/Sithalapakkam CEDC/South-II., Chennai-126.

3.The Superintending Engineer, CEDC/South-II Tned 110 KV/SS/COMPLEX K.K.Nagar, Chennai-78.

and W.M.P.Nos.28952 & 28953 of 2022 4/4