(Delivered by the Acting Chief Justice) The unsuccessful petitioner has filed this appeal challenging the order passed by the learned Single Judge on 21.2.2017 in W.P.No.2327 of 2017.
2. Assailing the proceedings of the respondent authorities directing the appellant to pay a total sum of Rs.11,51,498/- as on 20.1.2017 to restore the electricity service connection, the appellant has filed the writ petition.
3. The learned Single Judge, by order dated 21.2.2017 which is under challenge in this appeal, dismissed the writ petition holding that the demand made is a pre-condition for restoration of the electricity service connection and, therefore, the same was justified.
4. The learned counsel for the appellant submitted that the appellant may be permitted to make the payment due in two instalments.
5. On hearing the learned counsel for the parties, without going into the merits of the order passed by the learned Single Judge, we pass the following order:
(a) the appellant is directed to pay a sum of Rs.5 Lakhs within a week from the date of receipt of a copy of this order;
(b) the balance amount shall be paid within three months and the respondent authorities are directed to take it as a matter of concession and not to charge interest on the remaining amount to be paid as a matter of one time settlement; and
(c) On payment of the first instalment of Rs.5 Lakhs, the respondent authorities are directed to forthwith restore the electricity service connection to the appellant.
The appeal is disposed of accordingly. No costs. Consequently, C.M.P.No.5347 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 23.03.2017 Index : No Internet : Yes sasi To:
1 THE COIMBATORE ELECTRICITY DISTRIBUTING CIRCLE / SOUTH REP. BY ITS SUPERINTENDING ENGINEER (O&M) TAMIL NDADU ELECTIRCITY BOARD COIMBATORE - 641 012.
2 THE EXECUTIVE ENGINEER (O&M) TAMIL NADU ELECTRICITY BOARD NEGAMAM REVENUE BRANCH NEGAMAM, COIMBATORE DISTRICT.
3 THE ASSISTANT ENGINEER (O&M) TAMIL NADU ELECTRICITY BOARD THAMARAIKULAM SECTION COIMBATORE DISTRICT.
4 THE JUNIOR ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, CEDC/SOUTH THAMARAIKULAM-642 209 HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.A.No.348 of 2017 23.03.2017 C.M.P.No.11566 of 2017 in W.A.No.348 of 2017 HULUVADI G.RAMESH, J.
& RMT.TEEKAA RAMAN, J.
(Order of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
2. The petitioner is directed to pay a sum of Rs.2,00,000/- by 28.08.2017. Thereafter, the balance amount of Rs.4,51,498/- shall be paid, with interest at the rate of 6% per annum, by the petitioner on or before 28.09.2017, for a period of one month or till the actual date of payment, as the case may be. With this direction, the civil miscellaneous petition is ordered accordingly.
This matter is listed under the caption For Being Mentioned at the instance of the petitioner.
2. It is submitted by the learned counsel appearing for the petitioner that in the order dated 22nd Aug., 2017, while direction was given to pay a sum of Rs.2,00,000/= by 28.8.2017, however, there is no mention about restoration of electricity service connection and, therefore, prayer is made that the same may be incorporated in the said order.
3. This Court vide its order dated 23.3.2017 had directed the petitioner to pay a sum of Rs.5 Lakhs within a particular time frame and also ordered to pay the balance amount within three months thereof. On such payment of Rs.5 Lakhs, direction was given to the respondent authorities to restore the electricity service connection forthwith.
4. In the petition for extension of time, there is no averment by the petitioner that the electricity service connection has not been restored. However, the petitioner pleads that there is no mention about restoring the service connection in the said order and, therefore, fears that the connection may stand disconnected pending payment of the balance amount. In such circumstances, the above prayer is made that this Court may clarify on the said point.
5. The service connection has been restored on payment of Rs.5 Lakhs, as ordered by this Court. In such circumstances, it is deemed that the restored service connection would stand continued till the petitioner complies with the order passed by this Court.
6. Be that as it may. In view of the apprehension raised by the petitioner, it is clarified that the restored service connection would stand continued till the petitioner complies with the order passed by this Court.
(H.G.R.J.) (T.K.R.J.) 31.08.2017 SS