Petitioner sought writ to quash a letter preventing electricity restoration after a cyclone damaged his factory. Court dismissed the petition as infructuous since the electricity connection was already restored during pendency.
Writ petition closed without costs; no relief granted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.27789 of 2019 and W.M.P.No.27326 of 2019
A.Samsudin ... Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in proceedings Letter. No. Ta.Ni.Ka.A/ VARU/ NiKaA/ Va/ Thu.Ni.Ka.A/ Va/ KA/ Va/ Ko.Pothu/A.No.274/19 dated 06.05.2019 on the file of the 3rd respondent and quash the same and subsequently restore Electricity connection in Consumer No.060018-380 to the petitioner's firm pursuant to the petitioner's representation dated 04.04.2019.
For Petitioner : M/s.B.Viswanathan For Respondents : Mr.Jai Venkatesh
: Mr.Jai Venkatesh Standing Counsel
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records in proceedings Letter. No. Ta.Ni.Ka.A/ VARU/ NiKaA/ Va/ Thu.Ni.Ka.A/ Va/ KA/ Va/ Ko.Pothu/A.No.274/19 dated 06.05.2019 on the file of the 3rd respondent and quash the same and subsequently restore the electricity connection in Consumer No.060-018-380 to the petitioner's firm pursuant to the petitioner's representation dated 04.04.2019.
2.The case of the petitioner is that the petition is the Proprietor of M/s.Sajid Ice Factory and he used to make ice bars ad sell it in the market. The petitioner got electricity service connection for Industrial Purpose to a capacity of 44.86 KW vide No.060-018-380. Thereafter, due to Vardha Cyclone, the petitioner's factory has completely submerged and the electricity connection was completely damaged. Hence, the petitioner approached the 4th respondent for restoration of electricity. To his utter shock, the 4th respondent has refused electricity connection and also gave a statement of account for a sum of Rs.6,23,274/-. Hence, the petitioner made a representation to the Assistant Engineer, Tamil Nadu Electricity Board and other higher officials on 04.07.2018 for restoring the electricity connection and also to waive the electricity charges made in the petitioner account and the 4th respondent sent a reply letter dated 06.08.2018 stating that the charges could not be waived and the charges are all for consumption of electricity and not interest or unwanted charges and waiving could not be done and the service will be restored only after the payment of all the charges with penalty.
authorities sent a reply stating that the petitioner should pay all the charges stated in order to restore the electricity connection. Hence, this Writ petition.
4.The learned counsel appearing for the petitioner submits that due to Vardha cyclone, the petitioner's factory was completely damaged and the petitioner was unable to run the factory which is not in an operating position and further the entire electricity connection is under the water and at this juncture, imposing electricity consumption charges when the factory was closed and deducting the petitioner's caution deposit is wholly unjustified when there is no utilization of power. Hence, he prays this Court to quash the letter dated 06.05.2019 and issue direction to the respondents to restore the electricity connection.
5.The learned counsel appearing for the respondent submitted that during the pendency of the writ petition, the electricity connection in consumer No.060-018-380 to the petitioner's firm has been restored. Hence, this Writ petition has become infructuous.
7.Considering the submission made by the learned counsel for the respondent, since the electricity connection in Consumer No.060-018-380 to the petitioner's firm has been restored, nothing survives for further adjudication.
8.This Writ Petition is accordingly closed. No cost. Consequently connected Miscellaneous petition is closed.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
SKT To
No.144, Anna Salai, Chennai-600 002.
+1cc to Mr.L.Jaivenkatesh, Advocate Sr.62110
W.P.No.27789 of 2019 and W.M.P.No.27326 of 2019
rsv[co] srg 14/12/2021
A.Samsudin
Chairman & Managing Director TANGEDCO
Superintendent Engineer/North Chennai, TANGEDCO
Chief Financial Controller/Revenue, TANGEDCO
Assistant Engineer (Manali) TANGEDCO
M.DHANDAPANI
As recorded by the court registry
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