Madras High CourtWMP(MD)/18818/2017dismissed

M. Maniam, v. The Tamil Nadu Generation And

2023-11-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twenty Seventh day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice B.PUGALENDHI in W.P.(MD)No.12962 of 2012 M. Maniam, ... Petitioner / Petitioner -Vs- 1 The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Rep. by its Chairman & Managing Director, No.144, Anna Salai, Mount Road, Chennai- 600 002. 2 The Executive Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO) Dindigul Electricity Distribution Circle, Palani, Dindigul District.

3 The Asst. Executive Engineer(West), The Tamil Nadu Generation and Distribution Corporation Ltd ,(TANGEDCO) Palani, Dindigul District 4 The Asst. Executive Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), Saminathapuram, Pushpathur Post, Palani Taluk, Dindigul District ... Respondent/Respondent 1/5

Prayer :- This miscellaneous petition filed under article 226 of the constitution of India to recall the order date 10.11.2017 in WP(MD)No.12962 of 2012 and restore the Writ Petition in WP(MD)No.12962 of 2012.

Prayer in W.P.(MD)No.12962 of 2012 :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS, directing the Respondents herein to forthwith restore the Electricity supply to the Petitioner's Service connection bearing No.05-292-004-431 at the Petitioner's unit, viz. Sri Alagu Nachiyamman Fibres, Kumarapalayam, Palani Taluk-624 618, Dindigul District and consequently, refund the sum of Rs.5,60,000/- collected from the Petitioner under the guise of Compounding fees.

Order:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru./Ms. C.Mahadevan, Advocate for the Petitioner and of Thiru./Ms. S.Deenadhayalan, Advocate for the Respondents, this Court made the following order:

"This writ miscellaneous petition has been filed on 19.11.2017 to recall the order passed by this Court in WP(MD)No.12962 of 2012, dated 10.11.2017 and to restore the said writ petition for hearing.

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2.The writ petition in WP(MD)No.12962 of 2017 was dismissed as withdrawn on 10.11.2017 and the order is extracted hereunder:

"When the matter is taken up for hearing today, the learned counsel for the petitioner sought permission of this Court to withdraw this petition with liberty to approach the authorities afresh and he has also made an endorsement to that effect.

2.In view of the above, this writ petition is dismissed as withdrawn, with liberty as prayed for. No costs. Consequently, connected Miscellaneous petitions are closed"

2.After withdrawing the writ petition, the petitioner has filed this present miscellaneous petition in the year 2017. This petition was also not even entertained by this Court. The petitioner by getting repeated adjournments is not proceeding with the case for the past six years. Even today the learned Counsel for the petitioner seeks time and not ready with the case. 3/5

3.This Court perused the affidavit filed in support this miscellaneous petition and finds no reason to recall the earlier order dated 10.11.2017. Accordingly, this writ miscellaneous petition is dismissed. No costs."

Sd/- Assistant Registrar(C.O ) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO 1 The Chairman & Managing Director, The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) No.144, Anna Salai, Mount Road, Chennai- 600 002. 2 The Executive Engineer, The Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO) Dindigul Electricity Distribution Circle, Palani, Dindigul District.

ORDER DATED : 27/11/2023 ==========================

ORDER

========================== SI-(22.03.2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5