BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 20-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.937 of 2010 and M.P.No.1 of 2010 Shri Sapthagiri Rubbers Ltd., H.T.Sc.No.1818, B28 (West) SIPCOT Industrial Estate, Gummidipoondi, Chennai-6010201, Rep. By its Managing Director, V.Sethumadhavan .. Petitioner. Versus 1.Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai-600 008, Rep. By its Secretary, 2.The Chairman Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chennai Electricity Distribution Circle/North Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. .. Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the third respondent to adjust in future consumption bills, the sum of Rs.5,03,523/- collected from the petitioner without the authority or approval and against para 33 of the orders of the first respondent in Miscellaneous Petition No.42 of 2008, dated 28.11.2008. For Petitioner : Mr.K.Seshadri For Respondents : No Appearance Mr.A.Selvendran (R2 & R3) O R D E R
Heard Mr.K.Seshadri, the learned counsel appearing for the petitioner and Mr.A.Selvendran, the learned counsel appearing for the second and the third respondents.
2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.
3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the third respondent is directed to dispose of the representation, dated 10.12.2009, on merits and in accordance with law, within a specified period.
4. The learned counsel appearing on behalf of the second and third respondents, has no objection for such an order being passed by this Court.
5. In view of the submissions made by the learned counsels appearing on either side, the third respondent is directed to dispose of the representation, dated 10.12.2009, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 10.12.2009, to the third respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1.Tamil Nadu Electricity Regulatory
Commission,
19-A, Rukmini Lakshmipathy Salai,
(Marshall’s Road), Egmore, Chennai-600 008,
Rep. By its Secretary,
2.The Chairman,
Tamil Nadu Electricity Board,
144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer,
Chennai Electricity Distribution Circle/North
Tamil Nadu Electricity Board,
144, Anna Salai,
Chennai 600 002