Madras High CourtWP(MD)/28338/2023allowed

Pon.Baskaran v. The Superintending Engineer

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.28338 of 2023 and WMP(MD)No.24402 of 2023 Pon.Baskaran ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Trichy Region, Trichy Region, Pudukottai Circle, Pudukottai.

2.The Executive Engineer, TANGEDCO, Thirumayam, Thirumayam, Pudukottai.

3.The Assistant Executive Engineer, TANGEDCO, Thirumayam, Pudukottai.

4.The Assistant Engineer, TANGEDCO, Thirumayam Section, Pudukottai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to impose fixed minimum charges for the period after the bill dated 30.09.2023 in respect to the electricity service No.06-185-011-639 obtained by the petitioner for his unit M/s.Jupiter Mines and Minerals situated in S.No.915/22, Malaikudipatti, Thulayanoor - Thirumayam Taluk, Pudukottai District and consequently direct 1/4

the respondents to restore the electricity connection in service No. 06-185-011-639 by reducing the sanctioned load to 20 KW by considering the application of the petitioner dated 28.08.2023 in application reference No. 200061850823838.

For Petitioner : Mr.M.Prabhakran for Mr.T.Antony Arulraj For Respondents : Mr.S.Deenadhayalan

ORDER

Heard both sides.

2.The petitioner is a TANGEDCO consumer. He is running a crusher unit. The petitioner wanted the TANGEDCO to reduce the electricity load from 140 KW to 20 KW. In this regard, an application was made on 28.08.2023. TANGEDCO did not act on the petitioner's request. The petitioner also did not make any payment. That led to disconnection on 26.09.2023. The petitioner is now willing to pay the usual charges up to 26.09.2023. All that the petitioner states is that for the period thereafter, he cannot be fastened with any liability. Since it was TANGEDCO which did not act on the application of the petitioner, the respondents will not be justified in fastening minimum charges on the petitioner.

3.The respondents are directed to restore the petitioner's electricity service connection subject to the petitioner paying the accrued charges up to 26.09.2023. The respondents cannot impose any fixed minimum charges for 2/4

the period thereafter. The restoration of the electricity service connection shall be done by reducing the sanctioned load to 20 KW. 4.This writ petition is allowed. No costs. Connected miscellaneous petition is closed.

21.12.2023 Index : Yes / No Internet : Yes / No Skm 3/4

G.R.SWAMINATHAN, J.

SKM WP(MD)No.28338 of 2023 and WMP(MD)No.24402 of 2023 21.12.2023 4/4