A.Mohanambal, v. Superintending Engineer(South)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 18765 of 2018 A.Mohanambal : Petitioner Vs.

1.Superintending Engineer,(South), TANGEDCO, K.pudur, Madurai.

2.The Executive Engineer, Madurai East Division, Tamil Nadu Electricity Board, Tiruppalai, Madurai District.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Othakadai, Madurai District.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue the closure certificate and consequently to refund the deposit amount of Rs.43,000/- with regard to service connection No.SC.No.05-118-022-238 along with 18% interest from 29.06.2016 to till date based on the petitioner's representation dated 19.04.2018.

For Petitioner : Mr.R.Saravanan For Respondents : Mr.S.M.S. Johny Basha

O R D E R

The Writ Petitioner was running a small workshop. He was granted the petition mentioned service connection. The petitioner has closed the said unit. He has also given an application in that regard to the respondents. The respondents have not issued the closure certificate. They have also not refunded the deposit of Rs.43,000/-. Therefore, this Writ Petition has been filed.

2. It is not in dispute that the petitioner has already closed the said unit and he has also given an application in that regard to the respondents. The respondents are obliged to issue a closure certificate, they should also refund the deposit amount. If the respondents had refunded the deposit amount immediately, then, the question of paying interest will not arise. Now, about 2 1⁄2 years lapsed. Therefore, the respondents are bound to refund the deposit amount with interest at 6% per annum.

3. The issuance of closure certificate as well as refund amount with interest will be carried out by the respondents within a period of four weeks from the date of receipt of a copy of this order.

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4. Accordingly, the Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.Superintending Engineer,(South), TANGEDCO, K.pudur, Madurai.

2.The Executive Engineer, Madurai East Division, Tamil Nadu Electricity Board, Tiruppalai, Madurai District.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Othakadai, Madurai District.

+1cc to Mr.R.Saravanan, Advocate, SR.No.53426 W.P.(MD) No. 18765 of 2018 SP/26.03.2019/ 2P/5C 11.03.2019 https://hcservices.ecourts.gov.in/hcservices/