Madras High CourtWP(MD)/13351/2017disposed of

Tn Food Grains Merchants v. The Chief Engineer,

2024-11-28Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD).Nos.10104 & 10405 of 2017 Tamilnadu Food Grains Merchants Association Ltd., A registered company society under Indian Companies Act, 1956 Having office at No.342, East Masi Street, Madurai - 625 001.

Rep., by its Joint - Secretary, M.Karthikeyan ... Petitioner /vs./ 1.The Chief Engineer, Distribution/TANGEDCO Madurai Region K.Pudur, Madurai - 625 007 2.The Assistant Electrical Engineer, TANGEDCO Koil/Metro, Madurai - 625 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to demand of the second respondent vide Letter No.AEE/Koil/Audit/A.No.083/17, dated 1/4

15.06.2017, and to quash the same by allowing the above writ petition and to pass such order.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.S.Deenadhayalan Standing counsel

ORDER

This Writ Petition had been filed challenging the impugned demand of the second respondent dated 15.06.2017, and to quash the same by allowing the above writ petition.

2. The order impugned herein is an order appealable under the Provisions of Regulation 11 of the Tamil Nadu Electricity Supply Code 2004. In view of the same, the Writ Petition is disposed of with a liberty to the petitioner to approach the Appellate Authority available under the Regulation 11 of the Tamil Nadu Electricity Supply Code on or before 30.12.2024.

3. If any appeal is filed within the said date, the Appellant Authority shall not insist upon the issue of limitation in entertaining the appeal filed by the 2/4

petitioner since already an interim order is granted by this Court pending this Writ Petition challenging the impugned order. The said interim order shall continue till the disposal of the appeal before the Appellant Authority, if any filed by the petitioner on or before 30.12.2024.

4. With the aforesaid liberty, this Writ Petition is disposed of. However, there shall be no orders as to costs. Consequently, connected Miscellaneous petitions are closed.

Index : Yes / No 28.11.2024 Internet : Yes / No gba To 1.The Chief Engineer, Distribution/TANGEDCO Madurai Region K.Pudur, Madurai - 625 007 2.The Assistant Electrical Engineer, TANGEDCO Koil/Metro, Madurai - 625 001.

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K.KUMARESH BABU, J.

Gba and W.M.P.(MD).Nos.10104 & 10405 of 2017 28.11.2024 4/4