1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.166 of 2011 and M.P.(MD)No.1 of 2011 R.Senthilvel : Petitioner Vs. 1.The Executive Engineer, Tamil Nadu Electricity Board, Madurai West/Distribution, Madurai -16. 2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Annuppanadi, Madurai – 16. 3.The Junior Engineer, Tamil Nadu Electricity Board, Distribution, Sinthamani, Madurai – 9. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records, pertaining to the impugned order passed by the third respondent in Ka.No.2 Mi Po/Si r/Ko/Aa No.446, dated 22.09.2010 and quash the same and consequently direct the respondents to provide electricity service connection to the petitioner's small scale industry under scheme 'III A' within a time frame fixed by this court. For Petitioner :Mr.R.Vijayakumar For Respondents :Mr.M.Suresh Kumar O R D E R The petitioner challenges the proceedings dated 22.09.2010 on the file of the third respondent whereby and where under the request made by him to convert his electricity service connection from scheme 'III B' to 'III A' was rejected on the ground of pendency of the appeal in A.S.No.179 of 2009 on the file of the Sub Court, Madurai. 2. The petitioner is running a stainless steel utensils polishing unit at Anuppanadi in the District of Madurai. The unit was registered as a small scale industry. According to the petitioner, he is entitled for electricity service connection under the scheme 'III A'. In case, the unit is brought under the scheme 'III A', he is https://hcservices.ecourts.gov.in/hcservices/ 2 entitled for certain concessions. Therefore, an application was submitted by the petitioner before the third respondent on 04.09.2010 requesting him to convert the electricity service connection from scheme 'III B' to 'III A'. The said application was rejected on the ground of pendency of the appeal in A.S.No.179 of 2009 on the file of Sub Court, Madurai. Being aggrieved by said order, the petitioner is before this court. 3. I have heard the learned counsel for the parties. 4. The learned standing counsel for the electricity board on instructions submitted that in case, the petitioner pays the earlier arrears, which is the subject matter in A.S.No.179 of 2009, the request of the petitioner will be considered and his electricity service connection will be converted from 'III B' to 'III A'. 5. The only ground on which the application was rejected seems to be the pendency of the appeal in A.S.No.179 of 2009. The said appeal arises out of the suit filed by the petitioner challenging the notional assessment made by the electricity board. Now, the third respondent has agreed to convert the electricity service connection from scheme 'III B' to 'III A' subject to payment of the amount involved in the first appeal in A.S.No.179 of 2009 and that too, without prejudice to the contentions of the petitioner. Therefore, I am of the view that the matter requires consideration by the third respondent. 6. The learned counsel for the petitioner submitted that without prejudice to the contentions of the petitioner in A.S.No.179 of 2009, the petitioner is prepared to deposit the said amount. Accordingly, the petitioner is granted four weeks time to pay the amount payable by him as indicated in the demand notice challenged in A.S.No.179 of 2009, less the amount already paid and in the event of paying any such amount, the third respondent is directed to convert the electricity service connection from scheme 'III B' to 'III A', pursuant to the application submitted by the petitioner on 04.09.2010. The said exercise shall be completed within a period of two weeks from the date of payment. 7. The Writ Petition is allowed, as indicated above. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CO ) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Executive Engineer, Tamil Nadu Electricity Board, Madurai West/Distribution, Madurai -16. 2.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Annuppanadi, Madurai – 16. 3.The Junior Engineer, Tamil Nadu Electricity Board, Distribution, Sinthamani, Madurai – 9. +1cc to Mr.R.Vijayakumar, Advocate, Sr.No.4159 W.P.(MD)No.166 of 2011 and M.P.(MD)No.1 of 2011 03.02.2011 rj2 SMA/11.02.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/