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Madras High CourtWP(MD)/1772/2021allowed

Arumugam.R v. The Additional Executive Engineer

2021-02-08Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.1772 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1772 of 2021 R.Arumugam ... Petitioner Vs.

The Assistant Engineer, TANGEDCO (RURAL), Karaikudi, Sivagangai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to change the tariff for the electricity connection of the petitioner's residential house vide connection No.403-015-818 from commercial tariff to domestic tariff within the time to be stipulated by this Court.

For Petitioner : Mr.Murugan.M For Respondent : Ms.M.Parameswari For Mr.S.M.S.Johnny Basha

ORDER

Heard the learned counsel on either side. By consent of both parties this writ petition is taken up for final disposal.

2. It is seen that the writ petitioner had put up residential houses in violation of the status-quo order passed by this Court in C.R.P(MD).No.1259 of 2009. But the fact remains that the buildings in question are used only for residential purposes, but the service connection given to the building is under the commercial category.

3. Taking note of the facts and circumstances of the case, the respondent is directed to change the electricity tariff into the domestic category.

4. The learned counsel appearing for the petitioner states that the writ petitioner would not seek any adjustment in respect of the charges already paid. The respondent shall effect the change from commercial category to domestic category within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall not claim any equity in the pending civil proceedings by citing this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1772 of 2021

5. The writ petition stands allowed on these terms. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

W.P(MD)No.1772 of 2021 08.02.2021 Na(CO) KB(24.02.2021) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2