Intra-Court appeal challenging a writ order regarding monthly minimum electricity charges. The High Court found no infirmity in the single judge's order waiving charges for the first three months where supply was unavailable, dismissing the appeal.
Writ appeal dismissed. Excess charges directed to be adjusted towards electricity consumption charges.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.No.2357 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
W.A.No.2357 of 2021
Appellants
Vs.
M/s.JSK-M-Sand Represented by its Partner, P.Janakiraman Having Office at No.8B Sivashanmugam Street, Tambaram Chennai – 600 045.
Respondent
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 06.07.2021 in W.P.No.17685 of 2020.
For the Appellants : Mr.L.Jaivenkatesh For the Respondent : Mr.V.P.Sengottuvel Senior Counsel for Mrs.K.Indu Priya and Mr.A.Akshaykumar
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W.A.No.2357 of 2021
JUDGMENT
(Delivered by the Hon'ble Mr. Justice S.M.SUBRAMANIAM) The present intra Court appeal has been instituted challenging
the writ order dated 06.07.2021 in W.P.No.17685 of 2020.
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W.A.No.2357 of 2021
applicable for a period of three months as per the supply availability notice dated 28.08.2020, the appellants have issued demand charge letter dated 17.11.2020 asking the respondent to pay the monthly minimum charges of Rs.10,50,000/- by way of a demand draft. The demand notice issued by the appellants and the consequent order of cancellation came to be challenged in the writ proceedings.
after expiry of first three months' notice period, the respondent is liable to pay the monthly minimum charges. The learned Single Judge has restricted the payment only for three months and waived the demand made in respect of the notice period of three months. Therefore, we do not find any infirmity in respect of the order passed by the Writ Court.
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W.A.No.2357 of 2021
the respondent availed the electricity service connection and is paying the electricity consumption charges. However, Mr.V.P.Sengottuvel , learned Senior Counsel for the respondent would submit that the demand amount has been paid since the appellants refused to provide service connection. The said amount was paid subject to the writ appeal pending before this Court.
(S.M.S., J.) (C.K., J.) 04.07.2024 Index : Yes/No Neutral Citation : Yes/No
drm
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W.A.No.2357 of 2021
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
(drm)
W.A.No.2357 of 2021
04.07.2024
Page 5 of 5
1 issue framed by the court
Whether the appellant is liable to recover monthly minimum charges from the respondent for the initial three-month notice period when supply was not available due to pending meter installation?
1 provisions across 1 enactments
The Superintendant Engineer Kanchipuram Electricity Distribution Circle Tamil Nadu Generation and Distribution and Corporation Ltd.
The Executive Engineer (Operation and Maintenance/South) Kanchipuram Electricity Distribution Circle
M/s.JSK-M-Sand Represented by its Partner, P.Janakiraman
S.M.SUBRAMANIAM
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
