Madras High CourtWP(MD)/6531/2020disposed of

Madha Ice Factory v. The Superintendent Engineer(Distribution)

2020-06-12Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.6531 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.06.2020

CORAM:

THE HONOURABLE JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6531 of 2020 and W.M.P.(MD).No.5875 of 2020 Madha Ice Factory, Represented by its Propreitor, A.S.Lawrence ... Petitioner Vs.

1.The Superintendent Engineer (Distribution), TANGEDCO, Tamil Nadu (Electricity Board Tirunelveli, Tirunelveli District.

2.The Executive Engineer (Distribution) TANGEDCO, Tamil Nadu (Electricity Board), Vallioor, Tirunelveli District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to give 6 equal monthly instalments to pay a sum of Rs.6,13,092/- towards March and April month electricity charges in respect of S.C.No.073-012-923 at 4/425, Kaniyakumari Main Road, Uvari-627 651, Tirunelveli District. For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mrs.Rajeswari for S.M.S.Johny Basha Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Heard the learned Counsel for the petitioner and Mrs.Rajeswari for S.M.S.Johny Basha, learned Standing Counsel, who takes notice on behalf of the respondents.

3.The petitioner is in due of electricity charges to be payable to respondents are as follows https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6531 of 2020 Month Electricity actually Amount to be payable by the petitioner consumed by the petitioner March 2020 41112 units Rs.2,77,884/- April 2020 49689 units Rs.3,34,858/- May 2020 21702 units Rs.1,48,263/- 4.The petitioner claims inability to pay the same in one instalment. In the counter affidavit it has been stated the petitioner is a chronic defaulter in paying the Electricity charges. On an earlier occasion, the petitioner has not paid the electricity charges and service connection was disconnected and after remitting the current consumption charges, the service connection was restored.

5.However, in the present case, the petitioner pleads inability to pay the electricity charges in view of the lock down owing to COVID-19 pandemic. Therefore, without going into the facts deeply, a direction is issued to the petitioner to pay the first instalment a sum of Rs.4,00,000/- (Rupees Four Lakhs only) on or before 15.06.2020 and pay the balance amount on or before 17.07.2020.

6.The learned Counsel for the respondents insisted that this order shall not be taken as a precedent for other holders of service connection, for similar relief. It is applied only to the present petitioner.

7. With the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Rm 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.

Order made in W.P.(MD)No.6531 of 2020 12.06.2020 VB (16.06.2020) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2