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Madras High CourtWP(MD)/2656/2023disposed of

M.Balasubramanian v. The Superintendent Engineer

2023-02-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.2423 & 2424 of 2023 M.Balasubramanian ... Petitioner Vs 1.The Superintendent Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

2.The Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

3.The Assistant Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

4.The Junior Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

... 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 of the impugned order passed in E.Mi.Po/Vi/Ki.Pu/Sa.Ko/Ko.39/A.No.043/23 passed by the third respondent herein dated 21.01.2023 regarding the payment 1/4

of unpaid amount of Rs.2,36,451/- including tax regarding the electric meter bearing connection No.044-015-375 in the petitioner's name "M.Balasubramanian" installed in the rice mill named M/s.Sathuragiri Traders, Vadikottai, Sankarankovil and quash the same as illegal and further direct respondents to consider the representation dated 23.01.2023 by the respondents 1 to 3 herein to remove the amount imposed as unpaid electricity charges.

For Petitioner : Mrs.V.T.Harshini for D.Nallathambi For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard the learned counsel on either side.

2.The petitioner had suffered an order at the hands of the third respondent. According to the petitioner, during the period in question the rice mill was not even functioning. The petitioner would contend that the demand had been made on the strength of assumption and audit report. The petitioner has filed an appeal before the first respondent. The first respondent is directed to pass order on the petitioner's appeal on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. Till the first 2/4

respondent passes an order on the petitioner's appeal, the impugned demand will be kept in abeyance.

3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 09.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Superintendent Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

2.The Executive Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

3.The Assistant Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

4.The Junior Engineer, Tamil Nadu Electricity Board, Tirunelveli District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.2423 & 2424 of 2023 09.02.2023 4/4