1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.10393 of 2011 and M.P(MD)No.1 of 2011 M/s.Ramakrishna Poultry Farm, Rep. by its sole Proprietor, K.Ramakrishnan .. Petitioner Vs. 1.The Assistant Executive Engineer/ The Authorised Officer, Operation and Maintenance, Tamil Nadu Electricity Board, Pugalur, Kagithapuram-539 138, Karur District. 2.The Executive Engineer/Operation, Appellate Authority, Tamil Nadu Transmission Corporation Ltd., 230 KVA Sub-Station, Pugalur- 639 136, Karur District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned letter of the second respondent in LR.No.EE.0/PGR/F.DKT/D.No.151/2011, dated 11.05.2011 and quash the same and consequently direct the second respondent herein to take the appeal filed by the petitioner under Section 127 of the Electricity Act, 2003, dated 10.02.2011 and re-presented the same on 02.05.2011 on his file and to dispose of the same on merits and in accordance with law after providing the opportunity of personal hearing. For Petitioner : Mr.A.Saravanan For Respondents : Mr.SMS.Johny Basha O R D E R ********** This Writ Petition has been filed to quash the records relating to the impugned letter of the second respondent in LR.No.EE.0/PGR/F.DKT/D.No.151/2011, dated 11.05.2011 and to direct the second respondent herein to take the appeal filed by https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner under Section 127 of the Electricity Act, 2003, dated 10.02.2011 and re-presented on 02.05.2011 on his file and to dispose of the same on merits and in accordance with law after providing the opportunity of personal hearing. 2. Heard Mr.A.Saravanan, learned counsel for the petitioner and Mr.SMS.Johny Basha, learned counsel, who takes notice for the respondents. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The petitioner suffered an order of assessment passed by the Assistant Executive Engineer in terms of Section 126 of the Electricity Act, 2003(in short "the Act"). Aggrieved by the said order, the petitioner filed an appeal to the appellate authority-Executive Engineer/Operation. The said appeal was filed in time without complying with the statutory requirements. Therefore, the appeal was returned for compliance. The petitioner however re-presented the appeal after compliance belatedly and therefore, the appeal was rejected. 5. Clause 6 of Section 127 of the Act provides for an appeal to the appellate Authority and the time limit is specified therein. The petitioner has on re-presenting the appeal complied with the requirements under Section 127(2) of the Act. Section 127(6) of the Act provides for levy of interest at the rate of 16% per annum compounded every six months. In other words, interest of the department has been safeguarded by providing for interest on delayed payment. Since the appeal has been filed in time and re-presented after complying with the requirements under Section 127(2) of the Act, the authority should have admitted the appeal and dispose of the same on merits. 6. In such view of the matter, the impugned order is set aside and the second respondent is directed to dispose of the appeal, on its own merits and in accordance with law, as expeditiously as possible after hearing all parties concerned. 7. The Writ Petition is ordered as above. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Coyp/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Assistant Executive Engineer/ The Authorised Officer, Operation and Maintenance, Tamil Nadu Electricity Board, Pugalur, Kagithapuram-539 138, Karur District. 2.The Executive Engineer/Operation, Appellate Authority, Tamil Nadu Transmission Corporation Ltd., 230 KVA Sub-Station, Pugalur- 639 136, Karur District pm rl/3 c- 26.9.2011 W.P.(MD)No.10393 of 2011 and MP(MD)No.1 of 2011 13.09.2011 https://hcservices.ecourts.gov.in/hcservices/