At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
For the Petitioner: B.K. Girishneelkantan, Advocate. For the Respondents: P.R. Dhilipkumar, Standing Counsel.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the proceedings in letter notice dated 18.09.2019 passed by the Third Respondent towards wrong application of BPSC during the disconnection period and quash the same as illegal, arbitrary and against the provision of Electricity Act, 2003, and Tamil Nadu Electricity Supply Code, 2004.)
The Writ Petition has been filed challenging the notice dated 18.09.2019 requiring the Petitioner to pay a sum of Rs.4,06,461/- towards current electricity charges, which also includes Belated Payment Surcharge.
2. Learned Counsel for the Petitioner submits that the Petitioner is willing to remit the entire amount claimed as arrears and he has also produce a demand draft No. 932011 dated 07.02.2020 for a sum of Rs.1,33,515/- towards the same. He further submits that in respect of Belated Payment Surcharge, the Petitioner has made a representation dated 13.01.2020 for waiver of Belated Payment Surcharge and reduce the amount. He further states that without prejudice to the contentions of the Petitioner in the Writ Petition, the Petitioner is willing to give bank guarantee for a sum of Rs.4,06,461/-, which is claimed as Belated Payment Surcharge and he has filed a memo to that effect, which is recorded.
3. Having regard to the aforesaid submissions made, in the event of the Petitioner producing bank guarantee for a sum of Rs.4,06,461/- in favour of the Superintending Engineer, CEDC (North) and handing over the original receipt to the Third Respondent, he shall consider the representation dated 13.01.2020 made by the Petitioner. After affording full opportunity of hearing to all parties concerned, the Third Respondent shall consider each of the contentions raised by the Petitioner and pass reasoned orders on merits in accordance with law, and shall communicate the decision taken to the Petitioner under written acknowledgment by 31.03.2020. Depending upon the outcome, it would be open to the Third Respondent to invoke the bank guarantee. Till the aforesaid representation is disposed, the Respondents shall not disconnect electricity supply to the premises of the Petitioner. It is made clear that if bank guarantee for the aforesaid amount is not furnished by the Petitioner on or before 28.02.2020
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, the Respondent shall proceed further in accordance with law and the Petitioner would not have the benefit of this Court. 4. The Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.