Madras High CourtWP(MD)/20438/2022allowed

Pooventhera Rajan .J v. The Junior Engineer (Distribution)

2023-02-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.Pooventhera Rajan ... Petitioner Vs.

The Junior Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., Kottaram, Kanyakumari District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the respondent in f.vz;.,ngh/tp/nfhl;lhuk;/Nfh.fl;L/ m.vz; 300/22 dated 25.08.2022 and quash the same as illegal and unlawful and consequently, direct the respondent to provide additional load with three phase electricity service connection to the petitioner's existing electricity service connection in 143-013-456 within a time frame as may be stipulated by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For Respondent : Mr.S.Deenadhayalan Standing Counsel 1/3

ORDER

Heard the learned counsel on either side.

2. The order impugned in the writ petition may not hold good in view of the subsequent development.

3. The petitioner had remitted the amount claimed by the respondent under protest. The petitioner is at liberty to pursue his other remedies. The fact remains that as on date, the petitioner does not owe anything to the respondent.

4. In the view of the matter, the impugned communication is set aside. The respondent shall convert the existing single phase connection into three phase connection by providing additional load as prayed for. The petitioner shall of-course comply with all other formalities including remittance of any other charges. On the petitioner complying with the requirement stipulated by the respondent, he shall be provided with three phase connection with additional load as sought for. This exercise shall be carried out immediately and expeditiously by the respondent.

5. The Writ Petition is disposed of. No costs. 06.02.2023 Index : Yes / No Internet : Yes/ No rmi NOTE: Issue Order Copy on 08.02.2023.

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G.R.SWAMINATHAN, J.

rmi 06.02.2023 3/3