V.A.Poovalingam vs The Chairman on 26 June, 2015

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Madras High Court

V.A.Poovalingam vs The Chairman on 26 June, 2015

Bench: R.Mahadevan

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

W.P.(MD)Nos.10613 of 2015
and
W.P.(MD)No.10614 of 2015
and
W.P.(MD)No.10615 of 2015
and
M.P(MD)Nos.2, 2 & 2 of 2015



1.V.A.Poovalingam
2.V.Latha
3.R.Jamuna
4.S.Vijayaraghavan
5.B.Ravi
6.M.Selvaraj
7.P.Mariappan
8.V.Vasantha Kokila
9.M.Angayarkanni
10.S.Tharani
W/o.G.Selvam
11.K.Karuppasamy Parthiban
12.R.Elilarasi
13.B.Manimala
14.B.Kasthuri
15.P.Subramanian
16.R.Baskaran
17.P.Nagarathinam,
   D/o.M.Palanikumar
18.R.Selvi		   	             ... Petitioners in
					     W.P.(MD)No.10613 of 2015



1.A.Amirthanandam
2.K.Mariappan
3.K.Jeyasutha
4.R.Velmurugan
5.M.Shanmugarajan
6.B.Maheswari	                                ... Petitioners in
						W.P.(MD)No.10614 of 2015



1.R.Kannan
2.B.Sivabalan
3.A.Subbulakshmi
4.B.Murugesan
5.P.Raveendran
6.A.Abusu bukhan
7.G.Kasthuri
8.K.Balamurugan
9.R.Anand
10.M.Venkatakrishnan
11.P.Kumaresan
12.K.Ambujam
13.N.Alagusuryamoorthy
14.S.Hemalatha
15.S.Navaneethakrishnan
16.K.Prabha
17.K.Venkatesan
18.H.Susila
19.I.Rajeswari
20.M.Thiraviyam Jothi
21.B.Raja
22.T.Annamalai
23.S.Balamurugan	         ..Petitioners	in
						  W.P.(MD)No.10615 of 2015
	
Vs.

1.The Chairman,
  Tamilnadu Electricity
  Generation and Distribution
  Corporation Ltd.,
  Chennai-2.

2.The Assistant Executive Engineer,
  Tamilnadu Electricity
  Generation and Distribution
  Corporation Ltd.,
  Subiramaniyapuram
  Madurai-7.

3.V.R.A.Balakrishnan

4.B.Senniappan

5.S.Nagarathinam   	                          ... Respondents in all W.Ps.

	W.P.(MD)No.10613 of 2015 filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorari to call for the records
pertaining to the impugned order passed by the 2nd respondent in f.vz;
c.br.bgh/g/bge/R.g[uk;/t.M/nfh.fl;L/m.vz;.186/2013 dated 04.09.2013 and quash
the same in respect of the BPSC charges alone in so far as Plot Numbers of
the writ petitioners, 83, 65, 57, 42, 52, 53, 36A, 61C, 61D, 66, 2, 36, 46A,
46, 23, 66A, 54, 12 and 9.

	W.P.(MD)No.10614 of 2015 filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorari to call for the records
pertaining to the impugned order passed by the 2nd respondent in f.vz;
c.br.bgh/g/bge/R.g[uk;/t.M/nfh.fl;L/m.vz;.186/2013 dated 04.09.2013 and quash
the same in respect of the BPSC charges alone in so far as Plot Numbers of
the writ petitioners, 14, 81, 10, 65-B, 17, 18 and 16.

	W.P.(MD)No.10615 of 2015 filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorari to call for the records
pertaining to the impugned order passed by the 2nd respondent in f.vz;
c.br.bgh/g/bge/R.g[uk;/t.M/nfh.fl;L/m.vz;.186/2013 dated 04.09.2013 and quash
the same in respect of the BPSC charges alone in so far as Plot Numbers of
the writ petitioners, 7, 51, 79A, 80A, 72, 77, 67, 36A, 35, 55, 11, 13, 1,
60, 58, 3, 36B, 61A, 61E, 59, 78, 70 and 22 as illegal and consequently
direct the second respondent Electricity Board to provide the electricity
connection to the petitioners Plot Nos. 7, 51, 79A, 80A, 72, 77, 67, 36A, 35,
55, 11, 13, 1, 60, 58, 3, 36B, 61A, 61E, 59, 78, 70, 22, 27 and 28. 	

!For Petitioners
in all writ petitions 	: Mr.V.Bharathidasan
		
^For Respondents in
all writ petitions 	: Mrs.Srimathy for R1 & R2


:COMMON ORDER

These writ petitions have been filed to quash the impugned common order dated 04.09.2013 in respect of the BPSC charges with regard to the respective plot numbers of the petitioners alone and to provide electricity connection.

2.The demand relating to surcharge is no more in existence, since a Division Bench of this Court in W.A.(MD)Nos.1898 and 2189 of 2001 etc. Batch, on 17.08.2011, has already given a direction to the persons like that of the petitioners herein, to pay the principal amount alone. Therefore, it is open to the petitioners herein to proceed against the previous owners. Further, the said order has been referred to in a Lok Adalat held on 14.03.2015, wherein it was held that the subsequent purchasers are at liberty to proceed against the previous owners.

3.Heard the learned counsel for the petitioners as well as the learned Standing Counsel for the Tamil Nadu Electricity Board.

4.In view of the above position, the present writ petitions are disposed of directing the petitioners herein to pay the outstanding principal amount only in three equated monthly instalments and it is open to the petitioners to take appropriate action against the previous owners as directed by the Division Bench of this Court, stated supra. It is also made clear that it is open to the Electricity Department to proceed in accordance with law, in case if there is any default in complying with the above direction by the petitioners. If the petitioners had effected the demand already, the same shall be considered by the Department and necessary steps be taken.

5.The writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

1.The Chairman, Tamilnadu Electricity Generation and Distribution Corporation Ltd., Chennai-2.

2.The Assistant Executive Engineer, Tamilnadu Electricity Generation and Distribution Corporation Ltd., Subiramaniyapuram Madurai-7.

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