High Court · 2025

W.P.(MD) No.19290 of 2015BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 10.09.2025CORAM:THE HONOURABLE MS.JUSTICE P.T.ASHAW.P.(MD) No.19290 of 2015andM.P(MD)Nos.1 & 2 of 2015Mehar Hotels Private Limited,Re.by its Managing Director,Hotel Park Plaza,114-115, West Perumal Maistry Street,Madurai-625 001... PetitionerVs.1.The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., 800, Electricity Avenue, Anna Salai, Chennai-2.2.The Superintending Engineer, Madurai Electricity Distribution Circle, TANGEDCO, Madurai-7.3.The Assistant Engineer, TANGEDCO, Solavanthan, Vadipatti Taluk, Madurai District-625 214. .. Respondents _________Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for records relating to the impugned order made by the 3rd respondent in f.vz;.ckp.ngh/ e/ Nrh/ Nfh.jdp /m. vz; 243/2015 ehs; 17.08.2025 and the impugned order made by the 2nd respondent in f.vz;. Nkngh/ kkpgt /kJ/ Jepfm/ ckpgp /fNk/ Nfh.ckp vz; 87/ m.vz;.204/2015, dated 27.08.2015 and in f.vz;.Nkngh/ kkpgt / kJ/ Jepfm/ ckpm/ fNk/ Nfh.ckp vz; 87/ m.vz;. 259/2015 dated 08.10.2015 and quash the same as illegal and consequently direct the respondents to provide electricity supply to the petitioner's property in Revenue SurveyNo.6/3B2, Thirumal Natham Village, Vadipatti Taluk, Madurai District within the time that may be stipulated by this Court.For Petitioner: M/s.H.Jasima Yasmin for M/s.Ajmal AssociatesFor Respondents: Mr.S.Deenadhayalan Standing CounselORDERThe writ petition is filed for the following relief:“to call for records relating to the impugned order made by the 3rd respondent in f.vz;.ckp.ngh/ e/ Nrh/ Nfh.jdp /m. vz; 243/2015 ehs; 17.08.2025 and the impugned order made by the 2nd respondent in f.vz;. Nkngh/ kkpgt /kJ/ Jepfm/ ckpgp /fNk/ Nfh.ckp vz; 87/ m.vz;.204/2015, dated _________Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 201527.08.2015 and in f.vz;.Nkngh/ kkpgt / kJ/ Jepfm/ ckpm/ fNk/ Nfh.ckp vz; 87/ m.vz;. 259/2015 dated 08.10.2015 and quash the same as illegal and consequently direct the respondents to provide electricity supply to the petitioner's property in Revenue SurveyNo.6/3B2, Thirumal Natham Village, Vadipatti Taluk, Madurai District within the time that may be stipulated by this Court.”2. It is the contention of the petitioner that the petitioner Company is engaged in the Hotel business and it also running a group of hotels under the name and style of Hotel Park Plaza. The company purchased property from one Lakshmi Narmasiman to an extent of 1.75 ½ Acres in R.S.No.6/3B2, Thirumal natham Village, Vadipatti Taluk, Sholavanthan, Madurai under a registered sale deed, dated 15.04.2014. The petitioner have also got the revenue records mutated in their favour in Patta No.404. 3. After the purchase of the property, the petitioner had made an application for electricity service connection on 13.08.2015. The 3rd respondent issued the impugned proceedings on 17.08.2015 stating that _________Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015in respect of the property purchased by the petitioner, there is already an electricity connection in high tension service in the name of M/s.M.K.Industries and the company has been in default of the payment of charges. As a result of which, the electricity connection was disconnected. Therefore, unless and until the arrears are paid, the connection cannot be given.4. The petitioner would submit that the arrears where with reference to the usage of the connection by the previous owner, the same cannot be mulcted upon the petitioner. The total dues now claim runs to Rs.32,27,735/-. Therefore, the petitioner is before this Court.5. The learned counsel appearing for the petitioner would submit that they are ready to pay a sum of Rs.7,71,159/- which is the amount that is due by the predecessor-in-title of the petitioner towards arrears of consumption charges. The learned counsel would submit that they cannot be mulcted with the BPSC amount which is akin to penal interest. She would draw the contention of the Court to the judgment of the Hon'ble _________Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015Supreme Court in Civil Appeal No.2109-2110 of 2004, K.C.Ninan Vs. Kerala State Electricity Board & Others, where the Hon'ble Supreme Court has considered the case of claiming arrears after a lapse of 2 decades. The Hon'ble Supreme Court had waived the outstanding interest and directed the parties to pay the principal amount. She would also draw the attention of the Court to the judgment of the Hon'ble Division Bench of this Court in W.P.No.31893 of 2012 where the Hon'ble Division Bench taking into account the letter of the Superintending Engineer calling upon the petitioner therein to pay the amount in lumpsum, had adopted the same and directed payment of entire CC arrears and dismantling charges and waived the BPSC. The learned counsel would submit even in the instant case, the 2nd respondent had sent a reply in response to the request letter of the petitioner, dated 17.03.2016 where he has stated as follows:“Hence, if your are interested to clear the CC arrears dues to the TANGEDCO with Waiver of BPSC, your are requested to submit the application for waiver of the BPSC to this office within the said period along with an undertaking to pay the outstanding arrears in one lumpsum immediately as to take up the cases for consideration by referring such cases to _________Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015Head Quarters based on the cases.”6. Heard the learned counsels on either side.7. The arrears that are now claimed by the respondents date back to the year 1987 when in March 1987, the connection was disconnected. In the judgment of the Hon'ble Supreme Court referred supra, the learned Judges have observed as follows:“327. Taking all facts and circumstances into consideration, including the lapse of more than two decades since the appeals were filed before this Court and the equities arising in favour of one party or the other, we direct the Electric Utilities to waive the outstanding interest accrued on the principal dues from the date of application for supply of electricity by the auction purchasers.” 8. The present case is also similar as the demand is with reference to the arrears from the year 1987 which is over 28 years old. The Hon'ble Division Bench had after taking note of the letter of the respondent, agreed to make One Time Payment in one lumpsum and the writ petition _________Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015was disposed on those lines. The same would apply to the facts of the above case also. 9. On the same lines, the petitioner is directed to pay Rs.7,71,159/- (Rupees Seven Lakhs Seventy One Thousand One Hundred and Fifty Nine only) in one lumpsum within a period of six (6) weeks from the date of receipt of a copy of this order. On payment of the aforesaid amount, the respondents are directed to effect service connection to the petitioner within a period of two (2) weeks therefrom. The BPSC can be recovered from the original owner.10. With the above direction, this Writ Petition stands allowed. No csots. Consequently, connected Miscellaneous Petitions are closed. 10.09.2025NCC : Yes/NoIndex: Yes/No Internet : Yesgbg_________Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015To1.The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., 800, Electricity Avenue, Anna Salai, Chennai-2.2.The Superintending Engineer, Madurai Electricity Distribution Circle, TANGEDCO, Madurai-7.3.The Assistant Engineer, TANGEDCO, Solavanthan, Vadipatti Taluk, Madurai District-625 214._________Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19290 of 2015P.T.ASHA, J.gbgW.P.(MD) No.19290 of 201510.09.2025_________Page 9 of 9