HITECH STEEL INDUSTRIES Vs. SUPERINTENDING ENGINEER CHENGALPATTU ELECTRICITY DISTRIBUTION CIRCLE TNEB CHENGALPATTU

JUDGEMENT

(1.) MR.N.Muthusamy, learned Standing Counsel is directed to take notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal.

(2.) THE petitioner has field this writ petition seeking to call for and quash the impugned order of the first respondent herein dated 18.9.2000 wherein the petitioner was directed to deposit 40% of the assessed amount for entertaining the appeal filed by the petitioner.

(3.) SUB-Clause 12.02 of Clause 37 of the Tamilnadu Electricity Board Regulations empowers the appellate authority to direct the payment of the amount before considering the appeal. The said provision reads as follows: "After receipt of assessment notice, the consumer can also request the appellate authority in writing to stay disconnection of the service. Before considering the appeal, the appellate authority can order the consumer to pay not less than a minimum no of instalments as below: (a) Two instalments out of five instalments for amount upto Rs.1,00,000 (b) Four instalments out of ten instalments for amount above Rs.1,00,000 and upto Rs.10,00,000. (c) Six instalments out of fifteen instalments for amount exceeding Rs.10,00,000. The appellate authority can simultaneously order stay of collection of compensation charges and disconnection i.e., stay of assessment order on payment of minimum instalments."