Chellam Area Industries v. Chairman and Managing Director
2014-09-04
B.RAJENDRAN
body2014
DigiLaw.ai
Judgment 1. The writ petition has been filed for a mandamus directing the respondents to consider the petitioner's representation dated 08.8.2014 and withdraw the demand of Rs.10,94,792/- sought to be claimed on 30.8.2014. 2. The petitioner is running a business in the name and style of Chellam Aqua Industries at 2/37, Velachery Main Road, Medavakkam, Chennai-10. The petitioner is having the electricity service connection in the said premises. The petitioner is making payment towards consumption charges regularly without any default. While so, the respondents have demanded a sum of Rs.10,94,782/- based on the audit short fall. According to the petitioner, without any calculation, the respondents are demanding the said amount. Therefore, the petitioner made a representation dated 08.8.2014 to the respondents. Since no order was passed, the petitioner is before this Court. 3. The learned counsel for the petitioner submitted that the respondents have unilaterally included the said amount in the EB Card only based on the audit short fall that too, without giving any notice to him. It is also the contention of the learned counsel for the petitioner that as per the Electricity Supply Code, the Board cannot make any demand beyond the period of three years. Furthermore, the amount has been demanded without any details and without giving affording an opportunity to submit explanation. Therefore, according to the learned counsel, the demand is illegal. It is the submission of the learned counsel that though the representation has been made on 08.8.2014, requesting the respondents to withdraw the demand, till date no order has been passed. Apprehending that the respondents may disconnect the service connection at any time, the petitioner is before this Court. 4. The learned standing counsel appearing for the respondents submitted that the respondents will consider the representation of the petitioner in accordance with law. However, the learned standing counsel submitted that as the time granted for payment expires, some condition may be imposed on the petitioner. 5. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents. 6. Admittedly, the respondents have unilaterally included the amount in the bill, after a period of three years based on the audit short fall, that too, without giving an opportunity. 7.
5. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents. 6. Admittedly, the respondents have unilaterally included the amount in the bill, after a period of three years based on the audit short fall, that too, without giving an opportunity. 7. Considering the submission made by the learned counsel on either side, it is suffice to direct the respondents to consider the representation dated 08.8.2014 submitted by the petitioner on merits and in accordance with law. However, in order to safeguard the interests of both sides, the petitioner is directed to pay a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the respondents within a period of four weeks from the date of receipt of a copy of this order. On such payment, the respondents shall consider the objections raised by the petitioner and pass orders on merits and in accordance with law, after giving personal opportunity to the petitioner, within a period of two months thereafter. 8. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.