Matha Memorial Educational Trust v. The Superintending Engineer
W.P.(MD)No.3965 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.3965 of 2021 and W.M.P.(MD) No.3196 of 2021 Matha Memorial Educational Trust, represented by its Correspondent, P.Jayakumar, Annavasal Road, Vaanpuram, Manamadurai 630 606.
.. Petitioner Vs 1.The Superintending Engineer, TANGEDCO, Sivagangai, O/o. the Superintending Engineer, Sivagangai.
2.The Executive Engineer, TANGEDCO-Distribution, Manamadurai.
3.The Assistant Executive Engineer, TANGEDCO-Distribution, Manamadurai.
.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay the arrears of Rs.7,63,307/-in EB Connection No.427-025-158 and 427-025-289, as per Regulation 22(4) and 6(ii) of the Tamil Nadu Electricity Supply Code, 2004 along with restoration charges and other charges and restore electricity supply.
For Petitioner : Mr.P.Muthuvijayapandian For Respondents : Mr.SMS.Johnny Basha Standing Counsel
ORDER
When the matter is taken up for hearing today, the learned counsel appearing for the petitioner, on instructions, would submit that the petitioner is ready and willing to pay a sum of Rs.4,50,000/- on 10.03.2021 to the respondents by way of Demand Draft and the remaining outstanding due amount of Rs.3,13,307/- would be paid to the respondents along with necessary charges within a period of two months from the date of first instalment. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.3965 of 2021 2.According to the petitioner, in view of the disconnection of the electricity, more than 200 students, who are the inmates of the hostel attached to the college run by petitioner educational trust, are being affected on a day-to-day basis and the petitioner has incurred huge expenses towards maintenance of high load generator in the upkeep of basic amenities in the college. 3.Considering the welfare of the students and also considering the interest of the TANGEDCO/respondents, this Court in the fitness of things would pass the following directions:- i) The petitioner is directed to make payment of Rs.4,50,000/- to the respondents on 10.03.2021 as committed by the learned counsel for the petitioner through Demand Draft and on such Demand Draft being produced and received by the respondents, the electricity connection to the petitioner institution shall be restored forthwith without any delay.
ii) The petitioner is further directed to make the remaining outstanding amount of Rs.3,13,307/- which according to the petitioner is due and payable to the respondents within a period of two months from the date of first instalment. iii) If the petitioner is liable to pay any extra amount or the respondents claim any other payment from the petitioner towards consumption charges or penalty amount, it is open to the respondents to pass separate proceedings in that regard. As far as the restoration of the electricity connection presently, the same shall not be withheld against any other demand. It is clarified that direction to restore connection is without prejudice to the rights of the parties in regard to any additional demand/claim. 4.In view of the above directions, this Court does not think that the writ petition can be kept pending anymore and therefore, the same stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) +1CC TO MR.P.MUTHUVIJAYAPANDIAN, ADVOCATE, SR NO 9746 W.P.(MD)No.3965 of 2021 09.03.2021 KK(09.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2