M/S.Sai Hridham Infraa Private Ltd. v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1229 of 2025 M/s.Sai Hridham Infraa Private Ltd., represented by its Managing Director, No.196/3, 199/1, 199/2, N.Vairavanpatti, Siravayal, Thiruppathur, Sivagangai District.

... Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited Sivagangai, Collectorate Complex, Sivagangai-630562.

2. The Executive Engineer (Operation), 230 KV SS, Karaikudi, Sivagangai.

3. The Executive Engineer (Distribution), Thiruppathur

4. The Assistant Executive Engineer (Distribution), 1/6

5. The Assistant Executive Engineer (Enforcement), Virudhunagar TANGEDCO, Ramamurthy Road, Virudhunagar-626 001.

6. The Assistant Engineer (Rural-South), Thiruppathur- 630211.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned order made by the 4th Respondent vide Lr.No.

AEE/Dis/Thiru/VA/Elec Violation/O.No.519/2024 dated 04.12.2024 and the consequential order passed by the 4th Respondent vide Lr.No.

AEE/Dis/Thiru/VA/Elec Violation/O.No.520/2024 dated 04.12.2024 and quash the same as illegal and consequently, to refund or adjust the amount which was illegally charged by the respondent under Tariff V and to direct the Respondents to classify the Petitioner's electricity connection bearing 477-024-842 under Tariff III-B for the future electricity consumption. For Petitioner : Mr. M.Rajarajan For Respondents : Mr.S.Deenadhayalan Standing Counsel 2/6

ORDER

Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, to call for records relating to the impugned order made by the 4th Respondent vide Lr.No. AEE/Dis/Thiru/VA/Elec Violation/O.No. 519/2024 dated 04.12.2024 and the consequential order passed by the 4th Respondent vide Lr.No. AEE/Dis/Thiru/VA/Elec Violation/O.No.520/2024 dated 04.12.2024 and quash the same as illegal and consequently, to refund or adjust the amount which was illegally charged by the respondent under Tariff V and to direct the Respondents to classify the Petitioner's electricity connection bearing 477-024-842 under Tariff III-B for the future electricity consumption."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

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4. Without considering the petitioner's objection and also the RMC order dated 17.02.2008, the Tariff for the petitioner's Concrete mixture Unit came to be converted from Tariff V to Tariff VI.

5. In view of the same, the impugned order dated 04.12.2024 is quashed and remanded back to the fourth respondent to consider afresh in the light of objection submitted by the petitioner as well as the RMC order dated 17.02.2008, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above said direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.01.2025 NCC : Yes / No Index : Yes / No jbr 4/6

TO:-

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited Sivagangai, Collectorate Complex, Sivagangai-630562.

2. The Executive Engineer (Operation), 230 KV SS, Karaikudi, Sivagangai.

3. The Executive Engineer (Distribution), Thiruppathur

4. The Assistant Executive Engineer (Distribution),

5. The Assistant Executive Engineer (Enforcement), Virudhunagar TANGEDCO, Ramamurthy Road, Virudhunagar-626 001.

6. The Assistant Engineer (Rural-South), Thiruppathur- 630211.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 22.01.2025 6/6