Madras High CourtWP(MD)/25026/2023disposed of

S.Saraswathi v. The Executive Engineer

2023-12-05Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21232 of 2023 S.Saraswathi ... Petitioner Vs.

1.The Executive Engineer, TANGEDCO, Madurai South, Madurai.

2.The Assistant Electricity Engineer, TANGEDCO, Temple, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 17.08.2023 in proceedings Ka.No.U.Me.Po. / P / Peru / Kovil / Ko.Kattu / A.No.118/23 quash the same, as the same is arbitrary, ultravires, violation of principal of natural justice and contrary to the tariff schedule published on 10.09.2022 and consequently direct the respondents to restore petitioner's house electricity service connection bearing No.031-029-573 as LT1A tariff (domestic).

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For Petitioner : Ms.P.Vimala Devi For Respondents : Mr.S.Deenadhayalan, Standing Counsel.

ORDER

Heard both sides.

2.The petition mentioned residential construction has a ground floor and first floor. In the ground floor, the parents are residing. In the first floor, the son and daughter are residing. There are two electricity service connections. But both the connections are in the name of the petitioner's mother. TANGEDCO has proposed to levy the ground floor connection under tariff 1D. Charges levied under tariff 1D are higher. The grievance of the petitioner is that even without proper notice or enquiry, this communication came to be passed. The respondents would argue that only after conducting field inspection, the order came to be passed. I do not want to interfere with the order for the present. 3.Liberty is given to the petitioner to submit a fresh application for transfer of one connection. In other words, if service connection for 2/4

ground floor is in the name of the mother and the service connection for first floor is in the name of the son or daughter, then both will be charged under only tariff 1A category. As and when, such an application is filed, necessary name transfer will be done immediately and without any delay thereafter.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 05.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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