Standard Glass India (P) Limited v. The Chief Financial Controller(Revenue)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.14285 of 2025 Standard Glass India (P) Limited, Dindigul - Madurai Main Road, Ambathurai , Dindigul District - 624302, Rep by its Director , C.Saravanan .
... Petitioner Vs.
1.The Chief Financial Controller(Revenue), Tamil Nadu Power Distribution Corporation Ltd., Chennai .
2.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd., Meenakshinaickenpatti Post, Dindigul - 624002.
3.The Assistant Executive Engineer, Tamil Nadu Power Distribution Corporation Ltd., Chinnalapatti , Dindigul District.
4.The Assistant Engineer, Tamil Nadu Power Distribution Corporation Ltd., 1/7
Gandhigram , Dindigul District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned order in Lr.No.SE/ DEDC/ DGL/ DFC/ AO/ R/ AAO/ HT/ AS/ F.Doc./D.No.241/25 dated 18.06.2025 passed by the second respondent which was served to the petitioner on 20.06.2025 and quash the same as illegal. For Petitioner : Mr.R.R.Kannan For Respondents : Mr.S.Deenadhayalan Standing Counsel
ORDER
The petitioner is before this Court against the impugned communication, dated 18.06.2025 bearing Reference Lr.No.SE/ DEDC/ DGL/ DFC/ AO/ R/ AAO/ HT/ AS/ F.Doc./D.No.241/25 issued by the second respondent.
2. By the impugned communication, the second respondent has called upon the petitioner to pay a sum of Rs.2,61,758/- being a purported due from the petitioner towards the balance of HT service connection for a sum of Rs.61,513/- and interest thereon till 18.06.2025 calculated to Rs.2,00,225/-. 2/7
3. The learned counsel for the petitioner submits that the petitioner had requested for permanent dismantling and applied for a fresh LT Connection. It is submitted that by the impugned communication dated 18.05.2007 bearing Lr.No.SE/DEDC/DGL/AO/R/As/D.No.1017/2007 following amount was arrived at due.
03/2007 CC Charges :Rs.1,38,425.00 04/2007 CC Charges :Rs.1,04,425.00 05/2007 CC Charges :Rs. 87,472.00 One Monthly minimum :Rs. 90,000.00 One Meter Rent :Rs. 2,000.00 EPEC :Rs. 4,856.00 DC Fees :Rs. 1,500.00 Total Arrears :Rs.4,28,678.00 Less: CCD Rs.3,27,165.00 MCD Rs.40,000.00 (-) Rs.3,67,165.00 Balance to be collected Rs.61,513.00
4. It is submitted that in the aforesaid communication itself, the second respondent had directed the jurisdictional Assistant Executive Engineer, the third respondent to collect the balance amount along with EPEC before effecting LT Supply to the petitioner. It is submitted that the impugned proceedings are arbitrary as the petitioner would have paid the amount way back in the year 2007 as otherwise the conversion from HT to LT connection would not have been effected in the year 2007. 3/7
5. That apart, the petitioner has records to substantiate that the petitioner has indeed paid the amount as per the aforesaid communication dated 18.05.2007 which directs the third respondent to collect the aforesaid amount from the petitioner. It is submitted that this impugned communication however threatens to include the balance amount in the ensuing bills.
6. The learned Standing Counsel for the respondents on the other hand submits that the petitioner had issued a cheque for a sum of Rs.61,513/- in the year 2007. However, it was dis-honoured. Thus, it would submitted that it would not mean the amount has been paid.
7. Having considered the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I am of the view that the respondents cannot straight away add the alleged due into next cycle of bill without giving an opportunity to the petitioner to explain the case afresh.
8. Considering the same, the impugned order dated 18.06.2025, which has been challenged before this Court shall be treated as a show cause notice. 4/7
The petitioner is directed to file a reply to the same and thereafter, the second respondent shall pass appropriate orders as expeditiously as possible. It is needless to state that before passing final orders, the petitioner shall be heard. It is open to the petitioner to submit necessary documents to substantiate that the amount of Rs.61,513/- has already been paid.
9. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Chief Financial Controller(Revenue), Tamil Nadu Power Distribution Corporation Ltd., Chennai .
2.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd., Meenakshinaickenpatti Post, Dindigul - 624002.
5/7
3.The Assistant Executive Engineer, Tamil Nadu Power Distribution Corporation Ltd., Chinnalapatti , Dindigul District.
4.The Assistant Engineer, Tamil Nadu Power Distribution Corporation Ltd., Gandhigram , Dindigul District.
6/7
C.SARAVANAN, J.
sn W.P(MD).No.18632 of 2025 10.07.2025 7/7