Madras High CourtWP(MD)/14231/2023disposed of

Ramkumar v. The Assistant Engineer

2023-06-19Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.12048 of 2023 Ramkumar ... Petitioner Vs.

The Assistant Engineer, TANGEDCO (Operation and Maintenance) Mathur, Pudukkottai.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned proceedings issued by the respondent in Ka.No.Vu.mi/po/e/ka/ratha/ma/Aa No.080/2023 dated 25.04.2023 and quash the same as illegal and unconstitutional. 1/5

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.S.Deenadhayalan, Standing Counsel

O R D E R

The Writ Petition has been filed questioning an order of the respondent / Assistant Engineer, TANGEDCO (Operation and Maintenance), Mathur, Pudukkottai District, dated 25.04.2023, whereby, the petitioner was called upon to honour a demand for Rs.89,101/- (Rupees Eighty Nine Thousand One Hundred and One only).

2. The learned Standing Counsel for the respondent stated that the petitioner has an effective alternative appellate remedy.

3. It would only be appropriate that the petitioner files such appeal since it requires an examination of the consumption of the electricity by the petitioner herein and the rates applicable for such consumption. These are issues which this Writ Court can never properly discharge even on examination of the same.

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4. The learned counsel stated that some leverage may be granted for filing the appeal. If the petitioner files the appeal on or before 15.07.2023 then, the issue of limitation may not be put against the petitioner herein.

5. Let no coercive action be taken, till the date of filing the appeal, which should be done on or before 15.07.2023. If the petitioner fails to file an appeal, though such liberty is granted, the respondents are at liberty to proceed further in manner known to law.

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

19.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To The Assistant Engineer, TANGEDCO (Operation and Maintenance) Mathur, Pudukkottai.

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C.V.KARTHIKEYAN, J.

RM 19.06.2023 5/5