Full Judgment
This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the relevant records of the first respondent's impugned notice in TNEO/F.E. Tax/Petitions/D.No.1656/2009, dated 1.12.2009 and to quash the same as illegal and without authority of law and jurisdiction and to direct the first respondent to pass orders on the Appeals in TNEO.P.Nos.47 to52 of 2009, filed by the petitioner pending before it, in accordance with law, without insisting upon the Government of Tamil Nadu as one of the parties, in the Appeal proceedings.
ORDER
1. This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned notice, dated 1.12.2009, issued by the first respondent and to direct the first respondent to pass orders on the Appeals filed by the petitioner in accordance with law, without insisting upon the Government of Tamil Nadu to be impleaded as one of the parties in the Appeal proceedings.
2. It is seen that by the notice, impugned herein, the first respondent-Electricity Ombudsman has directed the consumers/applicants to implead the Government of Tamil Nadu (Energy) Department, as party respondent in this case. In that claim, the Superintending Engineer is already a party. Moreover, in the grounds raised in the Writ Petition, the Superintending Engineer plea is that the Government of Tamil Nadu (Energy) Department cannot be made as a party. As and when the individuals/respondents herein take out an application and on notice, it is for the Government (Energy) Department to raise the plea that they are not necessary parties. It is not for the Superintending Engineer, to plead the case on behalf of the Government. Thus, the Writ Petition filed by the petitioner-Superintending Engineer, without authorisation by the Government of Tamil Nadu (Energy) Department is not maintainable. Hence, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected