IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 25.4.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.10317 of 2011 and M.P.Nos.1 and 2 of 2011 Mr.M.S.Baskar, ... Petitioner -Vs.- 1.Tamil Nadu Electricity Board, represented by its Chairman, NP KR Ramasamy Maaligai, No.144, Anna Salai, Chennai-600 002. 2.TANGEDCO, represented by its Director/Finance, No.800, Anna Salai, Chennai-600 002. 3.Assistant Executive Engineer, TANGEDCO, O & M/Poonamallee, CEDC/SOUTH, Chennai. 4.M/s.Mando India Ltd., No.F-64, Sipcot Industrial Park, Irrungattukottai-602 117, Sriperumbudur Taluk. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent with respect to the impugned notice dated 12.4.2011 pertaining to electricity connection 309-008-223, 309-008-224 and 309-008-226 and quash the same and direct the respondents 1 and 2, their men and agents to continue to treat the electricity connection 309-008-223, 309-008- 224 and 309-008-226 provided for the building located at 30-31, M.G.Nagar, Poonamallee, Chennai-600 056 belonging to the petitioner under Tariff IA (domestic tariff). https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.Krishna Srinivasan for M/s.S.Ramasubramaniam. For respondents 1 to 3 : Mr.A.Selvendran. ----- O R D E R Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent with respect to the impugned letter/notice dated 12.4.2011 pertaining to electricity connection 309-008-223, 309- 008-224 and 309-008-226 and quash the same and direct the respondents 1 and 2, their men and agents to continue to treat the electricity connection 309-008-223, 309-008-224 and 309-008-226 provided for the building located at 30-31, M.G.Nagar, Poonamallee, Chennai-600 056 belonging to the petitioner under Tariff IA (domestic tariff). 2. Mr.A.Selvendran, learned counsel takes notice on behalf of the respondents 1 to 3 electricity board. In view of the order that is to be passed in this case, the notice to the fourth respondent is dispensed with. By consent of both parties, the writ petition is taken up for final disposal. 3. Pursuant to the order of this Court, the power supply has been restored and thereafter, the impugned letter/notice has been issued calling upon the petitioner to switch over from domestic power supply to commercial power supply within seven days from the date of receipt of the impugned letter/notice dated 12.4.2011 failing which it is informed that the respondents will disconnect the power supply. 4. Shri Krishna Srinivasan, learned counsel appearing for the petitioner states that the impugned letter/notice is arbitrary and also mandatory in nature and without giving the petitioner an opportunity, the authorities are compelling the petitioner to switch over from domestic power tariff to commercial power tariff. Petitioner is willing to explain his stand that the domestic power tariff granted to the petitioner is correct and the stand of the department is not justified, according to the Tamil Nadu Electricity Distribution Code. 5. Per contra, Shri A.Selvendran, learned counsel appearing for the respondents 1 to 3 states that the petitioner may be directed to give his representation/response to the impugned https://hcservices.ecourts.gov.in/hcservices/ letter/notice and the authorities will decide the claim of the petitioner with reference to the department's stand and reasoned order will be passed. 6. Considering the rival submissions, the impugned letter/notice on the face of it cannot direct the petitioner to switch over from domestic power tariff to commercial power tariff without calling upon the petitioner to give his explanation on merits. The impugned letter/order insofar as it compels the petitioner to change over from domestic power tariff to commercial power tariff and on failure to do so, to disconnect the power supply cannot be justified as it will be arbitrary. 7. However, as pointed out by Mr.A.Selvendran, the impugned letter/notice shall be treated as show-cause notice and the petitioner is entitled to give his explanation or response to the said letter/notice within fifteen days from the date of receipt of a copy of this order and the third respondent will give the petitioner an opportunity of personal hearing before deciding the matter on merits. Till such time the issue is decided by the third respondent, the petitioner will be entitled to continue to avail the domestic service connection without any disturbance. 8. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Chairman, Tamil Nadu Electricity Board, NP KR Ramasamy Maaligai, No.144, Anna Salai, Chennai-600 002. 2.The Director/Finance, TANGEDCO, No.800, Anna Salai, Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/ 3.The Assistant Executive Engineer, TANGEDCO, O & M/Poonamallee, CEDC/SOUTH, Chennai. DM(CO) SR/26.4.2011 Order in W.P.No.10317 of 2011 https://hcservices.ecourts.gov.in/hcservices/