K.S.Chokkalingam v. Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.S.Chokkalingam ... Petitioner Vs
1. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by the Chairman, No.144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer (O and M), TANGEDCO, Dharmapuri.
3. The Executive Engineer (O and M), TANGEDCO, Harur Division, Dharmapuri District.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the second respondent to refund the sum of Rs.1,47,755/- that was erroneously credited to the account of the first respondent along with applicable interest for the period of delay.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.Swami Subramaniam, Standing Counsel
ORDER
The petitioner herein seeks a direction to the second respondent to refund a sum of Rs.1,45,755/- that was erroneously credited to the account of the first respondent.
2. The petitioner is a registered consumer of electricity service connection No.124/015-95, 11B under the jurisdiction of Harur Sub Division. The petitioner submitted on-line application on 04.08.2023 through the TANGEDCO portal for enhancement of load capacity from 25 HP to 90 HP in application tracking number 200081240823365. At the time of making additional deposit of Rs.1,47,755/-, the petitioner erroneously transferred the amount to the account of the second respondent instead of designated account for the Harur Sub Division. Therefore, the petitioner submitted a representation seeking refund of the amount, erroneously transferred to the account of the second respondent. Inspite of several reminders, the petitioner's request was
not considered. Hence, he has come before this Court with the above mentioned prayer.
3. Mr.Swami Subramaniam, learned Standing Counsel, who takes notice for the respondents, on instructions from the second respondent would submit that the second respondent already sent a letter in Lr.No.SED/DEDC/DFC/RCS.LT/AS/ F.Add.Load/D.No.274/ 2023, dated 31.08.2023 to the Chief Financial Controller/General, TANGEDCO, N.P.K.R.R.Maaligai, 144, Anna Salai, Chennai seeking necessary permission to re-credit the amount to the Indian Overseas Bank account of the petitioner with account No.102901000008140 IFSC Code IODA0001029. Therefore he submits that the second respondent is awaiting orders from the Chief Financial Controller of TANGEDCO.
4. In view of the submission made by the learned Standing Counsel, this Court, without going into the merits of the claim made by the petitioner is inclined to direct the first respondent to issue necessary direction to the Chief Financial Controller of TANGEDCO
to consider the letter written by the second respondent dated 31.08.2023 and accord necessary permission to the second respondent to re-credit the amount to the account of the petitioner, if it is permissible in law, within a period of six weeks from the date of receipt of copy of this order. If necessary permission is accorded by the competent authority, the second respondent shall immediately transfer the said amount to the account of the petitioner. 5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.
06.01.2025 Index:Yes/No Internet:Yes/No mst To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai 600 002.
2. The Superintending Engineer (O and M), TANGEDCO, Dharmapuri.
3. The Executive Engineer (O and M), TANGEDCO, Harur Division, Dharmapuri District.
S.SOUNTHAR, J.
mst W.P.No.40065 of 2024 06.01.2025