Madras High CourtWP(MD)/7809/2019allowed

Sivakami, v. The Assistant Executive

2019-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.7809, 7810, 7811, 7812, 7813 and 7814 of 2019 SIVAKAMI ...PETITIONER IN WP(MD)NO.7809 OF 2019 KARMEGAM ...PETITIONER IN WP(MD)NO.7810 OF 2019 SRINIVASAN ...PETITIONER IN WP(MD)NO.7811 OF 2019 K.VAIRAMUTHU ...PETITIONER IN WP(MD)NO.7812 OF 2019 THENMOZHI ...PETITIONER IN WP(MD)NO.7813 OF 2019 GANESHKUMAR ...PETITIONER IN WP(MD)NO.7814 OF 2019 Vs The Assistant Executive Engineer, TANGEDCO (RURAL), Karaikudi, Sivagangai District.

... Respondent in all cases COMMON PRAYER: Writ Petitions are 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.403-015-813, 403-015-761, 430-015-825, 403-015-812, 403-015-814 and 403-015-819 respectively from commercial tariff to domestic tariff.

For Petitioner : Mr.S.M.Sanjay For Respondents : Mr.SMS.Johnny Basha (in all cases) COMMON ORDER Heard the learned counsel on either side. By consent of both parties these writ petitions are taken up for final disposal at the admission stage itself.

2. It is seen that the writ petitioners 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 buildings 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.

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

4. The learned counsel appearing for the petitioners states that the writ petitioners 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 petitioners shall not claim any equity in the pending civil proceedings by citing this order.

5. These writ petitions stand allowed on these terms. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Assistant Executive Engineer, TANGEDCO (RURAL), Karaikudi, Sivagangai District.

+6CC TO MR.S.M.SANJAY, Advocate Sr. No. 58251 W.P.(MD)Nos.7809, 7810, 7811, 7812, 7813 and 7814 of 2019 02.04.2019 TR (16.04.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/