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Madras High CourtWP/34501/2023disposed of with direction

Indhumathi v. The Chairman

2025-10-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Indhumathi ... Petitioner Vs.

1 THE CHAIRMAN TANGEDCO, NPKRR MALLIGAI, 144, ANNASALAI, CHENNAI - 600 002.

2 THE SUPERINTENDENT ENGINEER TANGEDCO, TIRUPATHUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU 635 601.

3 THE EXECUTIVE ENGINEER TANGEDCO, Q&M NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

4 THE ASSISTANT EXECUTIVE ENGINEER, TANGEDCO, Q&M NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

5 ASSISTANT ENGINEER TANGEDCO, Q&M/NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

... Respondents 1/6

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing all the official respondents to return the sum of Rs.5,20,866/- paid by the petitioner vide Demand Draft Nos.313866, dated 25.10.2023 and 313878, dated 26.10.2023, favouring SE/TEDC/TNEB, together with reasonable interest and cost within a timeframe, as this Hon'ble Court deems fit and proper in the circumstances of the case.

For Petitioner : Mr.C.Johnson For Respondents : Mr.S.Madhusudhanan Standing Counsel

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing all the official respondents to return the sum of Rs.5,20,866/- paid by the petitioner vide Demand Draft No.313866, dated 25.10.2023 and Demand Draft No.313878, dated 26.10.2023, favouring SE/TEDC/TNEB, together with reasonable interest and cost within a time frame.

2.The learned counsel appearing for the petitioner submitted that the petitioner's husband obtained electricity service connection from the respondents to run Agarbatti manufacturing unit in the name and style of 'RLG Industry' during the year 2011 and subsequently, the 2/6

name was changed as M/s.Shreevari Agarbatti during the year 2020 and power supply was enhanced from 56 kw to 112 kw and was paying the electricity charges regularly. Whileso, the third respondent issued notice dated 05.06.2023 demanding payment of Rs.5,20,566/- and the petitioner, without prejudice to her legal rights, initially paid a sum of Rs.3,50,000/- and sought permission to pay the balance amount in installments, however, the same was not accepted by the respondents and the petitioner paid the balance amount. 3.The learned counsel appearing for the petitioner further submitted that the petitioner is not liable to make any such payment and further submitted that the petitioner paid the amount with protest inorder to avoid conflict between the petitioner and the electricity board and for continuous power supply and further submitted that the demand made by the respondents is legally not sustainable and hence, this Court may direct the respondents to return the said amount to the petitioner.

4.The learned Standing Counsel appearing for the respondents submitted that instead of challenging the demand made by the respondents, the petitioner has filed the writ petition for refund of the 3/6

amount paid by her which is not sustainable one. 5.Heard the arguments advanced on either side and perused the materials available on record.

6.As rightly contended by the learned Standing Counsel appearing for the respondents instead of challenging the demand made by the respondents, the petitioner has filed the writ petition for refund of the amount paid which is not sustainable one. Hence, the relief sought for in this writ petition cannot be granted. However, the petitioner is granted liberty to make representation to the respondents seeking refund of the amount, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made by the petitioner, the respondents shall consider the same, on merits and in accordance with law, and pass appropriate orders, within a period of four weeks thereafter.

7.The writ petition is disposed of. No costs. 24.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6

To 1 THE CHAIRMAN TANGEDCO, NPKRR MALLIGAI, 144, ANNASALAI, CHENNAI - 600 002.

2 THE SUPERINTENDENT ENGINEER TANGEDCO, TIRUPATHUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU 635 601.

3 THE EXECUTIVE ENGINEER TANGEDCO, Q&M NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

4 THE ASSISTANT EXECUTIVE ENGINEER, TANGEDCO, Q&M NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

5 ASSISTANT ENGINEER TANGEDCO, Q&M/NORTH, NATRAMPALLI, TIRUPATHUR DISTRICT, TAMIL NADU 635 852.

5/6

M.DHANDAPANI,J.

pri 24.10.2025 6/6