Court directed respondent to consider petitioner's representation regarding waiver of Belated Payment Surcharge and pass orders on merits within two weeks, disposing of writ petition pending consent of both sides.
Direction to respondent to consider petitioner's representation and pass orders on merits within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.20781 of 2015 and M.P.No.1 of 2015
K.Padmapriya ... Petitioner
Vs
The Executive Engineer, OEM/CEDC/N
Tamilnadu Electricity Generation and Distributions Co., (North) Perambur, 75, Paper Mills Road, Chennai – 11 ... Respondent
Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari by calling for the proceedings of the respondent in demanding total payment of sum of Rs.3,85,868/- dated 20.04.2015 in Letter No.EE/O&M/AAO/RB/PBR/Fcc/D222/2015 dated 20.03.2015 and
consequential proceeding Letter No.EE/O&M/AAO/RB/PBR/Fcc in Serial no.069-006-425.D.N.264 dated 07.07.2015 towards wrong application of BPSC during the disconnection period and quash the same as illegal, arbitrary and against the provision of electricity Act, 2003 and Tamilnadu Electricity supply code 2004.
For Petitioner : Mr.B.K.Girish Neelakantan
For Respondent : Mr.P.R.Dhilipkumar
O R D E R
Heard Mr.B.K.Girish Neelakantan, learned counsel appearing for the petitioner and Mr.P.R.Dhilipkumar, learned counsel appearing for the respondent. With the consent of either side the Writ Petition itself is taken up for final disposal at the admission stage.
respondent dated 20.04.2015 by which the demand has been served on the petitioner to clear certain outstanding charges in respect of another service connection.
3.The learned counsel for the petitioner submitted that the Tamilnadu Electricity Regulatory Commission had considered the issue as to whether BPSC (Belated Payment Surcharge) can be waived and the petitioner in this regard made a reference to the order in M.P.No.15 of 2014 dated 27.04.2015. With these facts the petitioner submitted a representation to the respondent on 27.01.2016. A copy of which has been produced before this Court, which shows that the Office of the respondent has received a representation.
This Writ Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs. Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssd To The Executive Engineer, OEM/CEDC/N Tamilnadu Electricity Generation and Distributions Co., (North) Perambur, 75, Paper Mills Road, Chennai – 11
+1cc to Mr.B.K.Girish Neelakantan, Advocate, S.R.No.15072 +1cc to Mr.P.R.Dhilipkumar, Advocate, S.R.No.14875
W.P.No.20781 of 2015 and M.P.No.1 of 2015
ALA(CO) CA(18/03/2016)
3 issues framed by the court
Whether the electricity department's demand for Belated Payment Surcharge (BPSC) and the writ petition challenging it should be disposed of by directing a fresh consideration of the petitioner's repre
Whether waste of court time is avoided by taking up the Writ Petition for final disposal at the admission stage by consent of both sides.
Whether the respondent has adequate time to pass orders on merits based on the petitioner's representation and previous case law.
3 provisions across 3 enactments
K.Padmapriya
The Executive Engineer, OEM/CEDC/N Tamilnadu Electricity Generation and Distributions Co.
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
