T S PANDIAN Vs. TAMIL NADU ELECTRICITY BOARD; ACCOUNTS MEMBER, TAMIL NADU ELECTRICITY BOARD; ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The appellant herein is the writ petitioner in W.P. No. 12329 of 2002, wherein, he sought for the issuance of a writ of certiorarified mandamus to call for the records relating to the proceedings of respondents-2 and 3 dated 11.03.2002 and 07.09.1999 respectively and quash the same. Along with the Writ Petition, a Miscellaneous Petition in W.P.M.P. No. 16602 of 2002 was filed to restore service connection No. F.164 to the writ petitioner's factory in Andipatty Town. The learned single Judge, by order dated 12.04.2002, disposed of the Miscellaneous Petition and the order reads as follows:

(2.) It is contended that initially, at the request of the petitioner/appellant, the tariff rate was collected for his Unit as applicable to small scale industries. But, later on, when the appellant applied for an additional loan, with effect from 30.09.1996, the concession in tariff given to his Unit meant for small scale industries was unilaterally withdrawn. According to the learned Counsel for the appellant, the respondents/Board ought not to have changed the tariff rate without giving an opportunity to the appellant.

(3.) Concededly, pending writ appeal, the appellant already paid Rs. 40,000/-. It is also not In dispute that the Electricity Board had not given any opportunity to the appellant before changing the tariff rate. If that be so, suffice it to dispose of the writ appeal with the following directions: