LAWS(MAD)-2014-9-66

CHELLAM AREA INDUSTRIES Vs. CHAIRMAN AND MANAGING DIRECTOR

Decided On September 04, 2014
Chellam Area Industries Appellant
V/S
CHAIRMAN AND MANAGING DIRECTOR Respondents

JUDGEMENT

(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.