BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/11/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Cont.P(MD)No.510 of 2008 in M.P(MD)No.3 of 2008 in C.R.P(PD)(MD)No.1757 of 2008 Siva Cotton Mills Ltd., rep. by its Managing Director, P.Nagarajan . . . Petitioner Vs. Er.P.K.Alagarsamy, B.E., Superintending Engineer, Madurai Electricity Distribution Circle, Tamilnadu Electricity Board, K.Pudur, Madurai. . . . Respondent PRAYER Writ petition filed under Section 11 of Contempt of Courts Act, to issue notice to the respondent and punish the respondent for his willful disobedience of the orders passed by this Court in M.P.No.3 of 2008 in C.R.P.No.1757 of 2008 dated 21.11.2008. !For Petitioner ... Mr.K.Mahendran ^For Respondents... Mr.M.Sureshkumar Standing counsel for TNEB * * * * :ORDER
This Contempt Petition has been filed to punish the respondent for his
willful disobedience of the orders passed by this Court dated 21.11.2008 in
M.P.No.3 of 2008 in C.R.P.No.1757 of 2008.
2. Heard the learned counsel for the petitioner and also Mr.M.Sureshkumar,
learned standing counsel appearing for the respondent.
3. The learned counsel for the petitioner by drawing the attention of this
Court to pargraph No.5 of the order dated 21.11.2008 in M.P.No.3 of 2008 in
C.R.P(PD)No.1757 of 2008 would develop his arguments to the effect that the
petitioner is ready to furnish the Demand Draft as per that order and he also
volunteers to pay the current consumption charges of Rs.20,000/- (Rupees twenty
thousand only) and reconnection fees of Rs.3,000/- (Rupees three thousand only).
However, the learned counsel for the petitioner submits that the claim of the
Electricity Board for belated payment surcharge of Rs.1,03,096/- (Rupees one
lakh three thousand and ninety six only) could be finalised, if they send demand
notice. The said order is extracted here under for ready reference:
“Having regard to the circumstances, para No.5 of the order dated
13.11.2008, passed in CRP No.1757 of 2008, is modified as directed below:
(i) Delete the words “along with consumption charges for the month of
September, 2008”.
(ii) After the sentence ending with the words “succeeding Calendar
months”, the following sentence shall be inserted “arrears of electricity
consumption charges for the month of September 2008 along with the earlier
arrears i.e. Rs.29,79,253/.”
Today, the learned counsel for the petitioner also produces a Demand Draft
payable to the respondent for Rs.2,95,000/- dated 17.11.2008 drawn in IDBI Bank,
Madurai. On receipt of this Demand Draft, the respondent shall provide a
connection forthwith”.
4. Hence, in these circumstances, as offered by the learned counsel for
the petitioner, after receipt of those amounts, reconnection shall be given
immediately.
smn
To
Er.P.K.Alagarsamy, B.E.,
Superintending Engineer,
Madurai Electricity Distribution Circle,
Tamilnadu Electricity Board,
K.Pudur,
Madurai.