C Dakshinamruthy Vs Mr D S Mohan

THE HON’BLE SRI JUSTICE N.V.RAMANA

C.C.NO.1364 OF 2009

ORDER:

This contempt case is filed complaining willful disobedience on the part of the respondents in implementing the orders passed by this Court in WPMP No.37323 of 2007 in WP No.28564 of 2007, dated 31.1.2007, whereunder the respondents were directed not to disconnect the power supply to service connection No.22013-284 of the petitioner.

¶5

Counter-affidavit has been filed on behalf of the respondents. It is stated in paragraph No.6 of the affidavit that since the writ petition is pending adjudication, the department will not disconnect the power supply till the outcome of the writ petition and that the petitioner should pay the consumption charges regularly.

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Learned counsel for the petitioner submits that the respondent-authorities are issuing bills not only towards consumption charges, but also arrears, which is the subject matter of dispute in the writ petition. He further submits that the petitioner has been paying the actual consumption charges.

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Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

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If the bills issued to the petitioner include consumption charges and arrears, the subordinate Officers of the respondent-authorities will definitely demand for payment of arrears also. Having regard to the stand taken by the respondents in paragraph No.6 of the counter-affidavit, and having regard to the fact that the recovery of arrears is subject matter of dispute in the writ petition, which is pending adjudication, the respondentauthorities are hereby directed to issue bill only to the extent of the consumption charges pending disposal of the writ petition. The recovery of arrears, if any, from the petitioner shall be subject to outcome of the writ petition.

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With the above direction, the contempt case is closed.

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N.V.RAMANA,J

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Rkk Dated: 18-2-2011

C Dakshinamruthy v. Mr D S Mohan

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C Dakshinamruthy v. Mr D S Mohan

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