Madras High CourtWP(MD)/5096/2019allowed

C.Pandirasu, v. The Superintendent Engineer,

2019-03-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5096 of 2019 C.Pandirasu ... Petitioner Vs 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Sivagagai District, Sivagangai.

2.The Assistant Engineer (Rural) Tamilnadu Generation and Distribution Corporation Limited, Karaikudi, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 herein to change electricity tariff of the petitioner's house in electricity connection No.05-403-015-816 from Construction Tariff to House Tariff.

For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.S.M.S.Johny Basha Standing Counsel

ORDER

Heard the learned counsel on either side.

2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner had put up a residential house in violation of the status quo order passed by the High Court in C.R.P.(MD)No.1259 of 2009. But the fact remains that the petitioner is using the property in question only as a residential house but the respondents have categorized the service connection under the commercial category. Therefore, this Court directs the respondents to change the electricity tariff into domestic category. https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel for the petitioner states that the petitioner would not seek any adjustment of the charges already paid.

5.The respondents shall change the tariff into domestic category within a period of four weeks from the date of receipt of a copy of this order. The learned counsel for the petitioner further undertakes that he would not claim any equity in the pending proceedings on the strength of this order.

6.With this observation, this writ petition is allowed. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Sivagagai District, Sivagangai.

2.The Assistant Engineer (Rural) Tamilnadu Generation and Distribution Corporation Limited, Karaikudi, Sivagangai District.

+1 CC to M/s.A.ILAYARAJA, Advocate in SR-51805 W.P.(MD)No.5096 of 2019 05.03.2019 pnn PK/10.04.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/