Maruthi Hospital, v. The Tamilnadu Generation And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.14565 and 14566 of 2016 Maruti Hospital, 95, Pattabhiraman Street, Tennur, Tiruchy 19 repd. Its Managing Director, Dr.K.Anand ... Petitioner /vs./ 1.The Tamilnadu Generation and Distribution Corporation Ltd (TANGEDCO), rep by its Chairman, No.800, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, TANGEDCO, Tiruchy Electricity Distribution Circle, Tennur, Tiruchy.

3.The Assistant Executive Engineer, TANGEDCO, Tiruchy Electricity Distribution Circle, Tennur, Tiruchy.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent's impugned notice bearing K.No.E.Mi.Po/E.Ka/Tennur/Thiru/Ko.LTCT/A.No. 41/16-17 dated 24.05.2016 and the consequential impugned notice bearing Ka.No.U.Se.Po/E.Ka/Ten/Thiru/Ko.Maruthi Hospital No.278/16 dated 04.10.2016, quash the same as illegal, arbitrary, without the authority of law and against the Tamil Nadu Electricity Distribution Code 2005 and consequently forbear 3rd respondent from in any manner levying, demanding and / or collecting demand and energy charges under HT Tariff by illegally treating the petitioner's LT Service connection No.56 coming under survey no.37H and LT service connection No.538 coming under survey no.95/6 as one and same. For Petitioner : Mr.P.Parthasarathy For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

The writ petition had been filed challenging the impugned notice issued by the third respondent bearing K.No.E.Mi.Po/E.Ka/Tennur/Thiru/Ko.LTCT/A.No. 41/16-17 dated 24.05.2016 and the consequential impugned notice bearing Ka.No.U.Se.Po/E.Ka/Ten/Thiru/Ko.Maruthi Hospital No.278/16 dated 2/5

04.10.2016 and to forbear the third respondent from in any manner levying, demanding or collecting demand and energy charges under HT Tariff by illegally treating the petitioner's LT Service connection No.56 coming under survey no. 37H and LT service connection No.538 coming under survey no.95/6 as one and same.

2. Pending this writ petition, challenging the impugned notices, the Chief Financial Controller/Revenue (FAC), TANGEDCO, had addressed a letter to the second respondent herein to drop the audit slip based upon which the impugned notice had been issued provided that the petitioner shall arrange to convert the service connection immediately from LT to HT. The learned counsel for the petitioner would also submit that the petitioner also undertakes to make such conversion within a period of six months from today.

3. Recording the undertaking given by the learned counsel for the petitioner, the Writ Petition stands allowed and the impugned demand notices are set aside. If there is any delay, the petitioner can approach the first respondent for extension of time for such conversion.

3/5

However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 20.11.2024 Internet : Yes / No mm 4/5

K.KUMARESH BABU, J.

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