Madras High CourtWP(MD)/8727/2017allowed

M/S.National Co-Op. Sugar v. The Superintending Engineer

2022-06-15Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.8727 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8727 of 2017 and W.M.P(MD)No.6630 of 2017 M/s National Co-operative Sugar Mills Limited, B.Mettupatty - 625 502, Alanganallur Via Madurai District Through its Managing Director ... Petitioner Vs The Superintending Engineer, Madurai Electricity Distribution Circle, K.Pudur, Madurai - 625 007.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of respondent in the impugned letter bearing No. in SE/MDC/MDU/DFC/HT/AS/F.Hormo.

D.No.331/2016 dated 12.12.2016 claiming harmonic compensation for the period from 2/2015 to 11/2016 and to quash the same as not maintainable under law and also stay the operation of the order in relating to payment of compensation amount in pursuant of the said notice and further compensation and also direct the respondent to refund the harmonic compensation amount already paid by the petitioner by way of installments. For Petitioner : Mr.P.Chandra Bose For Respondent : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent.

2. The relief sought for in the present writ petition is similar to the relief sought for by the writ petitioners in a batch of writ petitions in W.P.No.25 of 2015 (M/s.S.Palaniyandi Mudaliar Memorial Hospital V. TANGEDCO), etc. and batch, which was decided by this Court on 05.06.2017.

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W.P.(MD)No.8727 of 2017

3. In view of the fact that the case of the petitioner is also similar to that of the cases cited supra, he is also entitled to the same relief. Accordingly, the impugned demand notice is quashed and the writ petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // /07/2022 Sub Assistant Registrar(CS) mga To The Superintending Engineer, Madurai Electricity Distribution Circle, K.Pudur, Madurai - 625 007.

+1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-26233[F] dated 16/06/2022 ) W.P.(MD)No.8727 of 2017 15.06.2022 MA(CO) GC(06.07.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2