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Madras High CourtWP/19221/2004disposed of

G.Srinivasan v. The Tamil Nadu Electricity

2019-11-04Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.19221 of 2004 G.Srinivasan .. Petitioner Vs.

1.The Tamil Nadu Electricity Board rep. by its Chairman, Chennai.

2.The Assistant Accounts Officer, Tondiarpet Revenue Branch, Chennai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the files of the respondents in respect of Tariff Card in respect of Service Connection No.11-01-07 in Lr.No.AAO/RB/TPT/AS.3/A.20/A/c.No.1101-07/D1027/04 dt. 16.06.2004 demanding electricity consumption charges from the petitioner under commercial Tariff and quash the same and consequently direct the respondents herein to collect electricity consumption charges under industrial tariff namely Tariff 3 B instead of Commercial tariff. For Petitioner :

Mr.A.Balasingh Ramanujam For Respondents :

Mr.P.R.Dhilipkumar

O R D E R

The prayer sought for in this Writ Petition is to call for the records on the files of the respondents in respect of Tariff Card in respect of Service Connection No.11-01-07 in Lr.No.AAO/RB/TPT/AS.3/A.20/A/c.No.11-01-07/D1027/04 dt.

16.06.2004 demanding electricity consumption charges from the petitioner under commercial Tariff and quash the same and consequently direct the respondents herein to collect electricity consumption charges under industrial tariff namely Tariff 3 B instead of Commercial tariff.

2. The case of the petitioner is that he is carrying on a small business of running a Hotel. The petitioner has been paying the bi-monthly charges regularly as per the metre reading. While being so, the 2nd respondent all of a sudden issued impugned order dated 16.06.2004 calling for payment of alleged arrears on the ground that short assessment had been in https://hcservices.ecourts.gov.in/hcservices/

the service connection due to non-adoption of correct tariff rate. Challenging the said impugned order present Writ Petition has been filed.

3. The learned counsel for the petitioner would submit that the demand made by the respondent Corporation is a sum of Rs.52,315/- and now they are ready to pay the said amount without any penal charges. However, he would further submit that the petitioner may be granted four weeks time to pay the said amount.

4. The learned counsel for the respondent conceded the request made by the learned counsel for the petitioner.

5. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, liberty is granted to the petitioner to pay the said amount without any penal charges within a period of four weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar kan To 1.The Chairman, Tamil Nadu Electricity Board Chennai.

2.The Assistant Accounts Officer, Tondiarpet Revenue Branch, Chennai.

+1cc to Mr.A.Balasingh Ramanujam, Advocate, SR.No.91349. +1cc to Mr.P.R.Dhilipkumar, Advocate, SR.No.91384. W.P.No.19221 of 2004 PA(CO) CSR: 09/01/2020 https://hcservices.ecourts.gov.in/hcservices/