A.Karuppiah v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.06.2020 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD) No.5440 of 2020 A.Karuppiah ... Petitioner Vs.
1.The State of Tamil Nadu, Rep by its Principal Secretary, Fort St. George, Chennai-600009.
2.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai-600002.
3.The Superintending Engineer, Sivagangai Distribution Region, TANGEDCO, Sivagangai Collectorate Complex, Sivagangai-630562.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to pay the electricity amount due for the period February to May 2020 in 6 bi-monthly installments for the service connections of his hotels by names 'Arya Bhavan', Sivagangai; 'Atchaya Bhavan', T.Nagar, Chennai; 'Karuppiah Mess', T.Nagar, Chennai; 'T.Nagar Atchaya Bhavan, Valsaravakkam, Chennai; 'Arya Bhavan', West Mambalam, Chennai; and employee dormitories at west Mambalam and Valsaravakkam, Chennai with service connection numbers 054510121075, 01224011140, 01224011142, 01224011319, 09240016482, 09240016602, 0122302754, 0122302756, 0122302757, 0122302751 and 01224013669 by considering the petitioner's representation dated 13.05.2020. For Petitioner: Mr.G.Prabhu Rajadurai For R-1 : Mrs.J.Padmavathi Devi Special Government Pleader
For R-2 and R-3: Mrs.Rajeswari, for Mr.S.M.S.Johnny Basha Standing Counsel
ORDER
The writ petition has been filed by Mr.A.Karuppiah, residing at Sivagangai District, in the nature of a mandamus seeking permission to pay the electricity amount due for the period from February to May 2020 in 6 bi-monthly installments.
2.The petitioner has several hotel establishments under his control, they are, 'Arya Bhavan', Sivagangai; 'Atchaya Bhavan', T.Nagar, Chennai; 'Karuppiah Mess', T.Nagar, Chennai; 'T.Nagar Atchaya Bhavan, Valsaravakkam, Chennai; 'Arya Bhavan', West Mambalam, Chennai; and employee dormitories at west Mambalam and Valsaravakkam, Chennai with service connection numbers 054510121075, 01224011140, 01224011142, 01224011319, 09240016482, 09240016602, 0122302754, 0122302756, 0122302757, 0122302751 and 01224013669. 3.Even before proceeding further with the writ petition, the statement of the learned standing Counsel for the respondents 2 and 3 that only one establishment is within the jurisdiction of this Court and every other establishment are in Chennai, is also recorded.
The learned counsel is perfectly justified in apprehending that the petitioner has chosen a forum to his convenience. If the petitioner had taken a deliberate decision to file this writ petition before this Court, it is condemnable. 4.Be it as it may, on the previous hearing date, a direction was given to the petitioner to give his self assessment of the electricity readings with respect to each establishment. Today, a working sheet has been forwarded by the learned Standing Counsel for the respondents 2 and 3 with respect to each one of the service connections. The working sheet is as follows:- SL .
NO SC NO LAST ASSESSMENT DATE LAST ASSESSM ENT DETAILS SELF ASSESSME NT TAKEN BY THE CONSUMER CONS UMEN UNIT CC CHARGE FIXED CHARGE E.
TAX TO TAL BILL AMT DUE DATE 05-451-01213.03.2020 163580 REGULAR 46770.5 2415.5 51006 06.06.2020 14.05.2020 166030 REGULAR 19722.5 1035.1 22578 06.06.2020 224-011-142 07.04.2020 37220 SELF 29222 700700 31397 06.06.2020 224-011-140 07.04.2020 65280 SELF 27450 46246200 33464 06.06.2020 224-011-319 07.04.2020 19300 SELF 22299 24141 06.06.2020 224-01313.03.2020 33350 SELF 23345 25394 06.06.2020 13.05.2020 34020 SELF 06.06.2020 223-027-51 28.05.2020 75600 SELF 13926.5 703.0 16870 06.06.2020
223-027-54 28.05.2020 299450 SELF 61260.5 1837.82 3168.9 69207 06.06.2020 223-027-56 28.05.2020 182622 SELF 33971 1059.6 39051 06.06.2020 223-027-57 28.05.2020 208045 SELF 23023 1158.2 27821 06.06.2020 240-01624.04.2020 404880 REGULAR 80178.0 4183.90 89542 06.06.2020 240-01624.04.2020 20910 REGULAR 11511.50 624.6 13116 06.06.2020 Total = Rs.4,50,132/- 5.As seen the total amount due from the petitioner for the period February to May 2020 is Rs.4,50,132/-. The petitioner in his affidavit had stated that though he had been regularly paying the electricity charges, in view of the corona virus out break and consequential lockdown and closure of all the hotel establishments, it was not possible for him to pay the electricity charges. It had been stated that therefore he had given a representation seeking to pay the amount in six monthly installments. This representation had been given to the Principal Secretary, State of Tamil Nadu, Chennai and to the Chairman cum Managing Director, TANGEDCO, Chennai, on 13.05.2020.
6.The learned Standing Counsel however stated that it is the Superintending Engineer of the respective Districts, who are competent to examine the said representation. It would not be possible for the Chairman cum Managing Director to call for the records from each and every district and then pass orders, particularly, when specifically, the respective Superintending Engineers have been given such responsibility. 7.The petitioner is directed to forward a similar representation to each one of the Superintending Engineers within which his establishments lie at Sivagangai and Chennai. The said Superintending Engineers at Chennai / other District and at Sivagangai may examine the representation given and pass necessary orders, after giving opportunity of hearing to the petitioner.
If opportunity of personal hearing is not possible owing to the lockdown, then the petitioner may be given an opportunity to give his written submissions and thereafter, orders may be passed. If the petitioner gives the representation to the appropriate authorities at Chennai or the concerned Districts and at Sivagangai, then the said authority should dispose of the said representation within a period of three weeks from the date of personal hearing/ receipt of written submission.
8.The learned counsel for the petitioner pressed for protection from coercive action pending submission of representation and disposal of the same as indicated above. It is specifically stated that no such relief is granted. The onus is on the petitioner to submit his representation at the earliest to the appropriate authority.
9.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To The Principal Secretary, State of Tamil Nadu, Fort St. George, Chennai-600009.
+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-13042[F] dated 03/06/2020 ) 02.06.2020 cp SDS (03.06.2020) 4P-3C