Madras High Court
The Chairman And Managing Director vs Real Link Engineering India Pvt. Ltd on 18 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3058 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.3058 of 2024 and
C.M.P.No.23132 of 2024
1. The Chairman and Managing Director,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai, Chennai-600 002.
2. The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
Palladam Electricity Distribution Circle,
Palladam. ... Appellants/R1 & R2
-vs-
1. Real Link Engineering India Pvt. Ltd.,
No.4, Park Street, Kattoor,
Coimbatore-641 009
Rep. by its Managing Director,
L.Navaneethakrishnan. ... 1st Respondent/Writ Petitioner
2. Tamil Nadu Electricity Regulatory Commission,
Rep. by its Secretary,
No.19A, Ruckmini Lakshmi Salai,
Egmore, Chennai-600 008. ... 2nd Respondent/3rd Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated
26.03.2024 made in W.P.No.4781 of 2021.
1/4
https://www.mhc.tn.gov.in/judis
W.A.No.3058 of 2024
For Appellants : Mr.P.Kumaresan
Addl. Advocate General
For R1 : Mr.S.Sarath Chandran
*****
JUDGMENT
(By D.Krishnakumar,J.,)
This Writ Appeal has been filed, challenging the order dated 26.03.2024
made in W.P.No.4781 of 2021, in and by which, learned Single Judged directed to
consider and waive the belated payment surcharge amount.
2. It is the case of the appellants that there is no regulation to waive the
belated payment surcharge, as the effect of new service connection or reconnection
would be only after payment of dues with belated payment of surcharge, which is a
statutory dues.
3. Learned counsel for the 1st respondent has stated across the bar that the
1st respondent undertakes to pay the principal amount of Rs.31,19,428/- within a period
of four weeks and in respect of waiving belated surcharge amount of Rs.29,79,811/-, the
appellants may consider and waive off, taking note of the fact that there was a huge
financial loss to the 1st respondent during Covid-19 outbreak.
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4. Considering the submissions made on either side, the 1st respondent is
directed to pay the principal amount of Rs.31,19,428/- within a period of four weeks
from the date of receipt of a copy of this judgment and on such remittance, the
appellants shall provide service connection to the 1st respondent forthwith. Insofar as
the claim of waiver of belated surcharge amount, the 1st respondent shall make a
representation to the appellants within a period of one week from the date of receipt of a
copy of this judgment and if any such representation is filed, the same shall be
considered and appropriate orders be passed thereon on merits and in accordance with
law within a period of two weeks thereafter.
5. With the above modification, this Writ Appeal is partly allowed. No
costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K,J.] [P.B.B,J.]
18.10.2024
Index: Yes / No
Internet: Yes / No
Speaking Order/Non Speaking Order
ar
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR,J.,
AND
P.B.BALAJI,J.,
ar
18.10.2024
https://www.mhc.tn.gov.in/judis
