Writ petition challenging TANGEDCO's proposal to levy higher tariff without notice. Court disposed of petition granting liberty to apply for service connection transfer to qualify for domestic tariff.
Liberty granted to petitioner to submit fresh application for transfer of one service connection to avail domestic tariff.
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W.P(MD)No.25026 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.12.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.25026 of 2023 and W.M.P.(MD)No.21232 of 2023
S.Saraswathi
... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 17.08.2023 in proceedings Ka.No.U.Me.Po. / P / Peru / Kovil / Ko.Kattu / A.No.118/23 quash the same, as the same is arbitrary, ultravires, violation of principal of natural justice and contrary to the tariff schedule published on 10.09.2022 and consequently direct the respondents to restore petitioner's house electricity service connection bearing No.031-029-573 as LT1A tariff (domestic).
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For Petitioner : Ms.P.Vimala Devi
For Respondents : Mr.S.Deenadhayalan, Standing Counsel.
ORDER
Heard both sides.
2.The petition mentioned residential construction has a ground floor and first floor. In the ground floor, the parents are residing. In the first floor, the son and daughter are residing. There are two electricity service connections. But both the connections are in the name of the petitioner's mother. TANGEDCO has proposed to levy the ground floor connection under tariff 1D. Charges levied under tariff 1D are higher. The grievance of the petitioner is that even without proper notice or enquiry, this communication came to be passed. The respondents would argue that only after conducting field inspection, the order came to be passed. I do not want to interfere with the order for the present.
3.Liberty is given to the petitioner to submit a fresh application for transfer of one connection. In other words, if service connection for 2/4
W.P(MD)No.25026 of 2023
ground floor is in the name of the mother and the service connection for first floor is in the name of the son or daughter, then both will be charged under only tariff 1A category. As and when, such an application is filed, necessary name transfer will be done immediately and without any delay thereafter.
4.This writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
05.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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W.P(MD)No.25026 of 2023
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.25026 of 2023
05.12.2023
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2 issues framed by the court
Whether the writ petitioner's grievance regarding proposed tariff levy and natural justice violation warrants interference at this stage.
Whether order quashing arbitrary tariff levy and directing restoration of service connection is necessary.
1 provisions across 1 enactments
S Saraswathi
The Executive Engineer, TANGEDCO, Madurai South
G.R SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
