1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12963 of 2011 and M.P (MD) No.1 of 2011 TVS Charities A Society Registered under Societies Registration Act, XXI of 1860, Having Regd Office at TVS Building, 7B, West Veli Street, Madurai. Rep. By Mr.Anbazhagan :Petitioner -Versus- 1. Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Tirunelveli Electricity Distribution Circle, Valliyoor, Tirunelveli District. 2. Assistant Executive Engineer, (Distribution), Tamil Nadu Generation and Distribution Corporation, Eruvadi, Tirunelveli District. 3. Junior Engineer,(Distribution), Tamil Nadu Generation and Distribution Corporation, Eruvadi, Tirunelveli District. :Respondents PRAYER:Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents from demanding and collecting electricity tariff under tariff III B for service connection no D.385 in the name of the petitioner, on the basis of the final order of assessment passed by the second respondent in Lr.No.AEE/D/Eruvadi/F-DOC/D-270/2011 dated 05.09.2011, till the disposal of the appeal preferred by the petitioner before the appellate authority namely the Executive Engineer (Operation), Kayathar. For Petitioner : Mr.S.Krishnan Senior Counsel for M/s.Sarvabhauman Associates For Respondents: Mr.G.Kasinathadurai Standing Counsel for TNEB ORDER The petitioner has come up with the above Writ Petition, challenging the final order of assessment passed by the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.S.Krishnan, learned Senior Counsel for the petitioner. Mr.G.Kasinathadurai, learned Standing Counsel takes notice for the respondents. 3.Admittedly, the petitioner has already made payment of the entire amount demanded last month. Admittedly, the petitioner has also filed an appeal to the first respondent and the same is pending. Even the demand in respect of penalty working out to more than Rs.5,00,000/- has been paid in part. Therefore, the better course of action would be to direct the first respondent to dispose of the appeal within four weeks. In the meantime, since 50% of the penalty has been paid and demand raised in respect of the previous month has been paid in full, the respondents shall put on hold further assessment till the disposal of the appeal. 4.In view of the above, the Writ Petition is disposed of, directing the first respondent to dispose of the appeal, dated 03.10.2011, within a period of four weeks from the date of receipt of a copy of this order. Till the appeal is disposed of, the further assessment shall await the outcome of the appeal. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1. Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Tirunelveli Electricity Distribution Circle, Valliyoor, Tirunelveli District. 2. Assistant Executive Engineer,(Distribution), Tamil Nadu Generation and Distribution Corporation, Eruvadi, Tirunelveli District. 3. Junior Engineer,(Distribution), Tamil Nadu Generation and Distribution Corporation, Eruvadi, Tirunelveli District. +1CC to M/s.Sarvabhauman Associates, Advocate. SR.No.39602. ps RP/15.11.2011/2P/5C. W.P (MD)No.12963 of 2011 15.11.2011 https://hcservices.ecourts.gov.in/hcservices/