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2012 DIGILAW 616 (MAD)

M/s. H. M. I. Industries, represented by its Proprietor v. The Superintending Engineer, Chennai Distribution Circle (North) Tamil Nadu Electricity Board

2012-02-07

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records relating to the order of the first respondent in his letter No.SE/CEDC/North/AAO/R/A6/HT/A/C No.1728/D 403/02 dated 7.5.2002 and quash the same. 2. Heard Mr.P.M.Bakthavatsalam, learned counsel for the petitioner and Mr.G.Vasudevan, learned counsel for the respondents. 3. The writ petition challenges the proceedings of the first respondent Superintending Engineer demanding certain amount on the head of non-levy of monthly minimum charges for the period from 12.1.2001 to 21.1.2001. The said demand is under challenge primarily on the ground that it has been passed arbitrarily without issuing show cause notice and the basis of the demand is not furnished. 4. The above said plea has been raised in the grounds. No counter has been filed by the respondents till date. The writ petition is disposed of on the short issue that the impugned proceedings suffers on account of violation of principles of natural justice and no opportunity was given to the petitioner for demanding the said amount. 5. In view of the above, the impugned proceedings is set aside. The authority is at liberty to proceed further after following due process of law. The Writ Petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed.