M/S. Naga Electrical Industries v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.27654 of 2022 and W.M.P.(MD)Nos.21769 & 22203 of 2022 M/s.Naga Electrical Industries, Rep. by its Sole Proprietor Mr.Manivasagam, 3/68, Opp SIDCO Industrial Estate, Thelichathanallur, Paramakudi, Ramanathapuram District. ... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Board Limited, No.800, NPKRR Maaligai, Anna Salai, Chennai.

2.The Chief Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Madurai Region, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned letter issued by the 2nd respondent in Lr. No. CE/D/MDU/EE/AEE2/PO 3002/21-22/ D.284/22 dated 31.03.2022 and the 1/4

consequential impugned letter passed by the 2nd respondent in Lr. No. CE/D/ MDU/EEE/AEE2/PO 3002/21-22/D.965/22 dated 15.11.2022 and quash the same as illegal.

For Petitioner : Mr.M.Ajmalkhan Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard the learned senior counsel appearing for the petitioner and the learned standing counsel appearing for TANGEDCO.

2. By the impugned orders, the respondent had blacklisted the petitioner and also levied liquidated damages. It is seen that without putting the petitioner on notice, the impugned orders have been passed. It is too well settled that where civil consequences ensue, the authorities are bound to adhere to the principles of natural justice. On this sole ground, the order impugned in the writ petition is quashed. The matter is remitted to the file of the second respondent. I make it clear that all the contentions and defences of the petitioner are left open.

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3. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

22.12.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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