1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.12801 of 2011 & M.P(MD)Nos.1 & 2 of 2011 P.Kayalvizhi ... Petitioner -Vs- 1.The Tamil Nadu Electricity Board, Represented though its Chairman, Chennai. 2.The Tamil Nadu Electricity Board, Assistant Engineer Tamukkam(Distribution) Madurai. ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice of the second respondent vide f/vz; c/br/bgh/g/jK/bge/kJ/m/vz;/955/11 dated 07.09.2011 and to quash the same and consequently direct the respondents to restore the temporary service connection No.001-000-040 for Door Nos.19 and 20, Alwarpuram, Madurai. For Petitioner :Mr.K.S.Sreenivasan For Respondents :Mrs.S.Srimathy for Mr.M.S.Johnny Basha Standing Counsel for TNEB O R D E R The petitioner has come up with the above Writ Petition challenging a demand made by the respondents for payment of Rs.4,42,530/-(Rupees Four Lakhs Forty Two Thousand Five Hundred and Thirty only) for the extension of the period of temporary connection. 2.Heard Mr.K.S.Sreenivasan, learned Counsel for the petitioner and Mrs. S.Srimathy, representing for Mr.M.S.Johnny Basha, learned Standing Counsel for the respondents. 3. The petitioner applied for and obtained a temporary service connection with effect from 30.07.2010, for the purpose of construction activities. There is a dispute as to whether such temporary connection is normally granted for a period of three months or 90 days. But, there is no necessity for me to adjudicate the said question in this writ petition. 4.The fact remains that once in three months or upon the expiry of period of grant of temporary connection, it was renewed periodically. According to the respondents, the last renewal expired on 22.10.2011. The respondents have disconnected the supply on 24.10.2011. 5.If the period of grant of temporary connection is taken to be three months, the last extention would actually expire on 30.10.2011. If it is taken to be 90 days, the last extention would expire on 22.10.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 6.The dates indicated above, have become relevant to find out as to whether the disconnection effected on 24.10.2011 was as a consequence of any failure on the part of the petitioner or if it had happened upon the expiry. But, irrespective of dispute, it is conceded by the respondents that the disconnection effected on 24.10.2011, was not penal in nature and was not on account of any failure on the part of the petitioner. 7.Though the impugned order lacks clarity, the respondents have clarified today that there are two mistakes in the impugned order. The first is that the demand should be only for Rs.3,52,028/-(Rupees Three Lakhs Fifty Two Thousand Twenty Eight only) and not for Rs.4,42,530/- (Rupees Four Lakhs Forty Two Thousand Five Hundred and Thirty only). The second is that the demand is not made for any consumption of electricity in the past. It is admitted by the respondents that the petitioner is not in arrears for the past consumption. The demand now made by the impugned order is only by way of advance to secure future consumption charges. 8.Though the advance demanded in July 2010 was much lesser than the demand now made, the reason for increase of the demand is that there is a higher connected load, such as one in the form of lift. Therefore, what is now sought is only enhanced advance for future consumption and not any consumption charges for the past. In other words, the apprehension on the part of the petitioner that they are imposed with some extra consumption charges for the past, is now removed by the respondents by clarifying that the impugned demand is only for future consumption. 9.Therefore, the writ petition is disposed of directing the petitioner to make a deposit of Rs.3,52,028/-(Rupees Three Lacs Fifty Two Thousand and Twenty Eight only) as an advance for future consumption. Upon such deposit, the respondents shall grant temporary service connection to the petitioner clearly indicating the period for which temporary connection is granted and the connected load shall also be taken into account, so that there would be no future disputes on facts. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) TO 1.The Chairman, The Tamil Nadu Electricity Board, Chennai. 2.The Tamil Nadu Electricity Board, Assistant Engineer Tamukkam(Distribution) Madurai. +1. CC to Mr.K.S.Sreenivasan, Advocate, SR.No. 43583 gsr W.P.(MD)NO.12801 of 2011 14.12.2011 TR : 28.12.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/