1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2767 of 2011 and MP.1 and 2/2011 S.Ravindranathan ... Petitioner Vs. 1.The Superintendent Engineer, Tamil Nadu Electricity Board, 1, Vallam Road, Tanjavur. 2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Kumbakonam, Tanjavur District. 3.The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Papanasam, Tanjavur District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in f.vz;.c.nrhngh/,guh/ghg/m.vz;.171/10-11, dated 19.10.2010 passed by the 3rd respondent herein to quash the same as illegal and direct the respondents herein to reduce the load in respect of the petitioner's electricity service connection No.170, Thenkarai, Alathur as 10 H.P. For Petitioner : Mr.C.Sundaravadivel For Respondents : Mr.M.Sureshkumar O R D E R Mr.M.Suresh Kumar, learned Standing Counsel, takes notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The prayer in the writ petition is to quash the order of the third respondent, dated 19.10.2010 as illegal and direct the respondents to reduce the load in respect of the petitioner's electricity service connection No.170, Thenkarai, Alathur as 10 H.P. 3.The petitioner who has electricity service connection in S.C.No.170 in the capacity of 15 H.P and running fishery firm and wanted to avail revision of tariff issued to the fish culture as per the Tamil Nadu Electricity Regulatory Commission. According to the petitioner, earlier there was a dispute between the petitioner and the Department and an amount of Rs.1,51,545/- payable by the petitioner which is the subject matter of W.P. (MD)No.8754/2009 in which the petitioner had obtained interim order in M.P.(MD)No.1 of 2009 whereby this Court granted interim stay from payment of this amount. When the petitioner applied to the Electricity Board seeking for the concessional tariff as per the Tamil Nadu Electricity Regulatory Commission, the respondent has issued the impugned order stating that even to consider his representation, he has to pay the arrear amount of Rs.1,51,545/- which has been stayed by this Court by way of interim order. Therefore, the impugned order is per se illegal. 4.Learned counsel for the respondents submitted that they would consider the representation of the petitioner in accordance with law. 5.Taking into consideration the impugned order is passed demanding the amount which has already been stayed by this Court, the impugned order has got to be set aside. Hence, the impugned order is set aside. The respondents are directed to consider the representation of the petitioner dated 06.09.2010 and pass orders, without insisting on the payment of arrears, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1.The Superintendent Engineer, Tamil Nadu Electricity Board, 1, Vallam Road, Tanjavur. 2.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Kumbakonam, Tanjavur District. 3.The Assistant Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Papanasam, Tanjavur District. Sms rl/4c – 31.3.2011 Writ Petition (MD)No.2767 of 2011 https://hcservices.ecourts.gov.in/hcservices/