K.M. Rengasamy v. Superintending Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.NOS.13742, 14316 AND 14317 OF 2003 AND CONNECTED MISCELLANEOUS PETITIONS W.P.NO.13742 OF 2003 K.M.Rengasamy ... Petitioner Vs.
1.Superintending Engineer (Operation & Maintenance) Tiruchirapalli.
2.Executive Engineer Thuraiyur, Trichy District.
3.Assistant Accounts Officer (Revenue) Thuraiyur, Trichy District.
4.Srimath Vedantha Desiga Vilasa Vidhyabi Viruthi Sabai Rep. By its President Perumal Malai Adivaram, Sorathur Post, Thuraiyur Taluk, Certiorarified Mandamus to call for the records pertaining to the order passed by the third respondent in his proceedings Ka.No.Uka/vavi/Thu/Ka.Me.10/2.17/D2613/02 dated 07.01.2003 and quash the same and direct the respondents to transfer the service connection 126 in the name of the petitioner. For Respondents 2-3:
R1 : Mr.V.jayaprakash Narayanan
W.P.NO.14316 OF 2003 T.Pichamuthu ... Petitioner Vs.
1.State of Tamilnadu Rep. By its Secretary to Government Energy Department Chennai - 9.
2.Chairman Chennai - 2.
3.Junior Engineer Thuraiyur South, Certiorari, to call for the records pertaining to the order of the third respondent in his proceedings No.
Umipo/Eka/The/Thurai/Ko.Thani/A.No.15/03 dated 16.04.2003 and quash the same.
For Respondent-1 :
Mr.V.Jayaprakash Narayanan For Respondents 2&3:
W.P.NO.14317 OF 2003 Pichayee Amman Koil Rep. By its Trustee Pakkalavadi Thuraiyur Taluk, ... Petitioner Vs.
1.State of Tamilnadu Rep. By its Secretary to Government Energy Department Chennai - 9.
2.Chairman Chennai - 2.
3.Junior Engineer Thuraiyur South, Certiorari, to call for the records pertaining to the order of the third respondent in his proceedings No.
Umipo/Eka/The/Thurai/Ko.Thani/A.No.15/03 dated 16.04.2003 and quash the same.
For Respondent-1 :
Mr.V.Jayaprakash Narayanan For Respondents 2&3:
COMMON ORDER In these three writ petitions, it is the case of the petitioners that they are cultivating tenants in respect of lands belonging to the respective temples and that the Tamil Nadu Electricity Board is levying tariff for the consumption by the petitioners though they are in agricultural operations.
2. When the matter is taken up for hearing, Mr.P.Gunaraj, learned standing counsel for the respondent Electricity Board produced a communication dated 25.07.2016 from the Office of the Assistant Engineer, O&M / South / TANGEDCO, Thuraiyur, addressed to him, wherein it is stated that the service connections that were given to the petitioners are now
being treated as "for agriculture purpose" and therefore, the subject matter of the writ petitions has becomes infructuous.
3. Recording the submission made by the learned Standing Counsel for the respondent Electricity Board, these writ petitions are dismissed as infructuous. However, any amounts paid by the petitioners towards electricity tariff need not have to be returned to them by the Electricity Board. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government Government of Tamil Nadu Energy Department, Chennai - 9.
2.Superintending Engineer (Operation & Maintenance) Tiruchirapalli.
3.Executive Engineer Thuraiyur, Trichy District.
4.Assistant Accounts Officer (Revenue) Thuraiyur, Trichy District.
5.Junior Engineer Thuraiyur South, Trichy District.
6.The Chairman, TamilNadu Electricity Board, Chennai-2.
+1 cc to Mr.P.Gunaraj, Advocate Sr.3307 +1cc to M/S.C.S.Associates, Advocate Sr.3186 W.P.NOS.13742, 14316 AND 14317 OF 2003 svi[co] srg 3/2/2017