High CourtsDIVISION BENCH(2017) 03 MAD CK 0058

SIVASHREE SPINNERS (INDIA) PVT. LTD. REPD. BY ITS MANAGING DIRECTOR, SUNDARRAJ vs THE COIMBATORE ELECTRICITY DISTRIBUTING CIRCLE / SOUTH REP. BY ITS SUPERINTENDING ENGINEER (O&M) TAMIL NDADU ELECTIRCITY BOARD, & ORS.

Madras High Court · Decided on 23 March 2017

HON’BLE JUDGES
Huluvadi G.Ramesh, Rmt. Teekaa Raman
CASE NUMBER
348 of 2017

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Judgment

15 paragraphs · 257 words
1.

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.