Madras High Court
The Tamil Nadu Electricity Board vs Sunrays Textiles Process (Pvt) ... on 20 March, 2023
W.A.(MD)No.1204 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)No.1204 of 2013
and M.P.(MD)No.1 of 2013
1.The Tamil Nadu Electricity Board,
Represented by its Chairman,
800, Anna Salai, Chennai – 2.
2.The Superintending Engineer,
Madurai / Metro Electricity Distribution Circle,
TANGEDCO,
Madurai. ... Appellants
Vs.
Sunrays Textiles Process (Pvt) Ltd.,
HT SC No.69, No.15, Bose Street,
Sellur, Madurai – 625 002, represented
By its Managing Director, P.Rajasekar ... Respondent
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this
Court to set aside the order dated 31.07.2013 made in W.P.(MD)No.11842
of 2013 on the file of this Court.
1/5
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W.A.(MD)No.1204 of 2013
For Appellants : Mr.S.Deenadhayalan
Standing Counsel
For Respondent : Mr.R.S.Pandiyaraj
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This Writ Appeal has been directed against the order passed by
the Writ Court dated 31.07.2013 made in W.P.(MD)No.11842 of 2013.
2. The respondent was a consumer of 120 KVA electricity service
connection, since it is a business house.
3. They wanted to increase the load from 120 KVA to 320 KVA
i.e., the additional load of 200 KVA, that request made was rejected by the
appellant TANGEDCO on the ground that, since there has been large arrear
mounting on the part of the respondent / consumer, which has to be paid,
without paying the same they are not entitled to have the enhancement of
the load to 320 KVA, therefore, that was rejected. Challenging the same
only the said Writ Petition was filed. The learned Judge, who heard the
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W.A.(MD)No.1204 of 2013
matter, allowed the Writ Petition by giving a direction to the TANGEDCO
to extend the additional load of 200 KVA to the respondent.
4. As against which, the Writ Appeal was filed and when the Writ
Appeal was taken up for hearing today, Mr.S.Deenadhayalan, learned
Standing Counsel, appearing for the TANGEDCO / appellants would
submit that insofar as the demand of arrears is concerned that was also
under challenge in W.P.(MD) No.13867 of 2012, subsequently, in the said
Writ Petition remand order was passed and the matter has been remitted
back to the TANGEDCO for re-consideration.
5. In the meanwhile, pursuant to the order passed by the Writ
Court, which is impugned herein dated 31.07.2013, the appellant
TANGEDCO has extended the additional load of 200 KVA, totally 320
KVA service, to the respondent manufacturing unit, therefore, at this
juncture, nothing survives to adjudicate further in the issue which has been
raised in this appeal.
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W.A.(MD)No.1204 of 2013
6. The said position stated by the learned Standing Counsel
appearing for the appellant TANGEDCO has not been controverted by the
learned counsel for the respondent / consumer.
7. In view of the aforestated, by recording the same, this Writ
Appeal is dismissed as nothing survives for disposal. However, there shall
be no order as to cost. Consequently, connected miscellaneous petition is
closed.
(R.S.K., J.) & (K.K.R.K, J.)
20.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
SJ
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1204 of 2013
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
SJ
W.A.(MD)No.1204 of 2013
20.03.2023
https://www.mhc.tn.gov.in/judis
