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M/s. Americorp Business Services Private Limited v/s The Superintending Engineer CEDC (West)

    W.P.No. 32611 of 2014 & M.P.Nos. 1 & 2 of 2014

    Decided On, 06 March 2015

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. DURAISWAMY

    For the Petitioner: Dr. S. Venkateswaran, Advocate. For the Respondent: P.R. Dileep Kumar, Standing Counsel.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus, calling for the records of the respondent in its proceedings Letter No.SE/CEDC/West/DEV/AEE/AE II/F- M/s.Americorp Business services (P) Ltd./D1565/14, dated 11.11.2014 and quash the same in so far as it imposes a condition to pay Rs.2.09 crores as pending arrears for effecting the Low Tension service connection to the premises of the petitioner and direct the respondent to forthwith effect the Low Tension Connection to the petitioner's premises at No.2 Park Road, Padi, Chennai-600 050 receiving the charges for reconnection of services or connection of new service in place of the High Tension service Connection No.1669.)

1. Heard Dr.S.Venkateswaran, learned counsel appearing for the petitioner and Mr.P.R.Dileep Kumar, learned Standing Counsel appearing for the respondent.

2. The petitioner has filed the above writ petition to issue a Writ of Certiorarified mandamus to call for the records of the respondent dated 11.11.2014 and quash the same in so far as it imposes a condition to pay Rs.2.09 crores as pending arrears for effecting the Low Tension service connection to the premises of the petitioner and direct the respondent to forthwith effect the Low Tension Connection to the petitioner's premises at No.2 Park Road, Padi, Chennai-600 050 receiving the charges for reconnection of services or connection of new service in place of the High Tension service Connection No.1669.

3. According to the petitioner, the premises is meant for the ITES Companies dealing in business process outsourcing. The building is enabled to provide IT services which includes communications and technology with a strong focus on business process consulting. The occupants/tenants were required to pay the monthly electricity consumption charges at actuals to the petitioner in whose name the TNEB connection stands and in whom the bills are issued by the TNEB. The petitioner, in view of various financial and other reasons, decided to sell its premises and accordingly, entered into an agreement dated 20.4.2013 with one M/s.Newry Properties Private Limited. Therefore, the petitioner did not require the High Tension connection any longer and hence, decided to change the electricity connection from High Tension to Low Tension. On 23.6.2014, the petitioner made an application to the respondents to convert the electricity connection to the building from High Tension to Low Tension. The last representation was made on 28.10.2014 in which the petitioner even undertook to indemnify the department in the event of any adverse decision in the writ petition filed by them. In the petitioner's case, there are no arrears. The respondent claimed a sum of Rs.2,09,98,381/- as arrears which has been stayed in W.P.No.8424 of 2009.

4. By letter dated 11.11.2014, the respondent informed the petitioner that the High tension connection would be dismantled and Low tension connection would be given only if the entire arrears in respect of the High Tension service connection are paid. In these circumstances, the petitioner has challenged the order dated 11.11.2014 passed by the respondent.

5. On a perusal of the impugned order dated 11.11.2014, it could be seen that the respondent had requested the petitioner to pay the outstanding dues in installments and to avail the service on payment of 40% of the total arrears outstanding including BPSC in addition to the charges for reconnection of such service connections or effecting of new service connection. Further, the respondent permitted the petitioner to pay the balance 60% of the outstanding dues in 10 monthly installments.

6. The learned counsel appearing for the petitioner submitted that the respondent may be directed to effect Low Tension connection to the petitioner's premises on payment of a portion of the demand made by the respondent.

7. Mr.P.R.Dileep Kumar, learned Standing Counsel appearing for the respondent also agreed for such a proposal. The learned Standing Counsel further submitted that the respondent has given a letter dated 12.2.2015 wherein, the respondent had accepted to collect the amount of Rs. 1 crore and a Bank Guarantee for the balance amount of Rs.1.09 crores and on receipt of the both, the request of the consumer will be considered.

8. It is also brought to the notice of this court that in respect of the subject matter of this writ petition, a writ petition in W.P.No.8424 of 2009 is also pending.

9. The learned counsel appearing for the petitioner further submitted that the petitioner would deposit a sum of Rs.75 lakhs in four weeks time and a further sum of Rs.25 lakhs two weeks thereafter and deposit the balance amount of Rs.1,09,98,381 in a Fixed Deposit till the disposal of the writ petition in W.P.No.8424 of 2009.

10. In these circumstances, having regard to the submissions made by the learned counsel on either side, I direct the respondent to effect the Low Tension connection to the petitioner's premises at No.2 Park Road, Padi, Chennai-600 050 in the place of existing High Tension service Connection No.1669 on condition that the petitioner paying a sum of Rs.75,00,000/- (Rupees seventy five lakhs only) within a period of four weeks from the date of receipt of a copy of this order and a further sum of Rs.25,00,000/- (Rupees twenty five lakhs only) within two weeks thereafter. Th petitioner is further directed to deposit a sum of Rs.1,09,98,381/- (Rupees one crore nine lakhs ninety eight thousand three hundred and eighty one only) in a Fixed Deposit under reinvestment scheme in Indian Bank, High Court Branch initially for a period of one year in the name of the petitioner and the Fixed Deposit receipt shall be handed over to the Registrar General of this court, within a period of two weeks after the completion of six weeks period fixed in this order to pay a sum of Rs.1 crore. The petitioner shall file a memo before the Registry with regard to the compliance of the conditions imposed in this writ petition.

11. It is also made clear that in the event of the petitioner succeeding in the writ petition in W.P.No.8424 of 2009

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, he is entitled to get refund of the amount paid by him. It is needless to say that in the event of respondent succeeding in the said writ petition, they are entitled to the entire demand made by the respondent. The respondent shall effect the Low Tension connection to the petitioner's premises immediately on receipt of the initial payment of Rs.75 lakhs to be made by the petitioner in four weeks time. In the event of petitioner defaulting in complying with any of the conditions, the respondent is at liberty to disconnect the service connection. With these observations, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
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