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The Kcp Ltd. Vs. the Superintending Engineer.

The Kcp Ltd. vs The Superintending Engineer.

Type Court Judgment Court Chennai Decided Mar 30, 2011
~3 min read
https://sooperkanoon.com/case/915594

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
rit Petition No.8048 of 2011 and M.P.Nos.1 and 2 of 2011.
Subject
Electricity

Case Summary

AI-generated summary - not the official court judgment text.

[Aftab Alam ; R.M. Lodha, JJ.] The appellant- University on March 1, 1996 issued an advertisement for filling up the posts of Deputy Registrar and Assistant Registrar by direct recruitment. The minimum qualification prescribed for appointment as Assistant Registrar was as under:-Respondent No.1, who was an employee...

Key legal issue
Electricity

Parties & Advocates

Appellant / Petitioner

The Kcp Ltd.

Advocate Mr.Palaniselvaraj, Adv.

Respondent

The Superintending Engineer.

Advocate Mr.A.Selvendran, Adv.

Excerpt

.....it was, accordingly, submitted that respondent no.1 was ineligible for appointment to the post of assistant registrar. the division bench found and held that respondent no.1 was not eligible to be considered for the post of deputy registrar and, hence, rejected his case in so far that post is concerned. coming, however, to the post of assistant registrar, the division bench took the view that selection committee had not assigned any reason for putting respondent nos. 4 and 5 above respondent no.1 in the select list. no material has been produced before us to show that it is the selection committee which upon assessment of merit of the appellant and respondent nos. 4 and 5, found appellant was less meritorious than the respondent nos. 4 and 5. in the first place the division bench overlooked that according to the statutory eligibility criterion only a section officer or a p.a.-cum-stenographer was eligible to be considered for appointment as assistant registrar and respondent no.1 was a head assistant. the division bench seems to have overlooked that while respondent nos. 4 and 5 were at ranks iv and v in the select list, respondent no.1 was at rank xiii and by brining him at par with respondent nos. 4 and 5, the division bench clearly ignored the claims of the seven candidates who figured in between from rank vi to xii and who were above respondent no.1......the letter is dated 5.3.2011 and that has been acknowledged by the respondent. it is fairly stated by the learned counsel for the petitioner that in order to avoid disconnection and maintain cordiality, petitioner is paying the amount as per the bill raised. however, their objections that the reduction in the demand quota and energy quota is arbitrary has been set out in the letters. 4. in this regard, it is stated by the petitioner that the superintending engineer, chennai (north) circle, has been repeatedly requested to reconsider and restore the demand quota and energy quota as per proceedings dated 15.6.2009 which has not been do so far. hence, the present writ petition has been filed.5. at this point of time, this court is not inclined to consider the merits and the demerits of the petitioner's claim, except to direct the respondent to consider the representation/letter dated 5.3.2011 within a period of three weeks from the date of receipt of a copy of this order on all aspects of the claim made as per law and pass a reasoned order on merits. petitioner shall also be given personal hearing in this matter before deciding the issue.6. the writ petition is disposed of as above. no costs. consequently, connected miscellaneous petitions are closed.

Full Judgment

1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondent to implement 20% power cut and allow the petitioner to achieve the quota demand of 3400 KVA and utilize the quota energy of 7,19,504 units every month from March, 2011 and to permit the petitioner to utilize/consume the energy generated/banked through wind mills in addition to the quota fixed and prepare the CC bill accordingly instead of fixing the quota demand of 2562 KVA and quota energy of 16401 units and consequently direct the respondent to refund the total sum of Rs.12,37,292/- to the petitioner wrongly levied and collected towards penalty (Rs.4,05,884/- from June 2010 to September 2010 and Rs.8,31,408/- in February, 2011).

2. Mr.A.Selvendran, learned counsel takes notice on behalf of the respondent electricity board. By consent of both the parties, the writ petition is taken up for final disposal.

3. Petitioner is a consumer of High Tension Electricity Power supply under HT SC No.1044. Petitioner's grievance is that in spite of the power cut restrictions imposed under letter No.SE/CEDC/NORTH/AEE/GL./ F.Power cut / D.1103/2009 dated 15.6.2009, respondent department has arbitrarily reduced the demand quota and energy quota thereby the petitioner is mulcted with penalty for exceeding the quota restrictions. Petitioner in this regard frequently complained by way of letters addressed to the department about the reduction in quota in the monthly bills, without any basis. The last of the letter is dated 5.3.2011 and that has been acknowledged by the respondent. It is fairly stated by the learned counsel for the petitioner that in order to avoid disconnection and maintain cordiality, petitioner is paying the amount as per the bill raised. However, their objections that the reduction in the demand quota and energy quota is arbitrary has been set out in the letters.

4. In this regard, it is stated by the petitioner that the Superintending Engineer, Chennai (North) Circle, has been repeatedly requested to reconsider and restore the demand quota and energy quota as per proceedings dated 15.6.2009 which has not been do so far. Hence, the present writ petition has been filed.

5. At this point of time, this Court is not inclined to consider the merits and the demerits of the petitioner's claim, except to direct the respondent to consider the representation/letter dated 5.3.2011 within a period of three weeks from the date of receipt of a copy of this order on all aspects of the claim made as per law and pass a reasoned order on merits. Petitioner shall also be given personal hearing in this matter before deciding the issue.

6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed.

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