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2019 DAILYLAW 3931 (MAD)

M/S.VEDHA SPINNING MILLS P LTD v. THE SUPERINTENDING ENGINEER

WP(MD)/7297/2019 · 2026-08-06

M Dhandapani

Transfer Petitionbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.7297 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.7297 of 2019 and WMP (MD) No.5828 of 2019 M/s.Vedha Spinning Mills Pvt. Ltd., Rep. by its Director C.Kandasamy ... Petitioner(s) vs. 1. The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. 2. The Executive Engineer/General, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. 3. The Assistant Engineer/Station, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent vide his letter No.SE/DEDC/DGL/AEE/GL/AE.I/F.HT DOC/D.No. 381/19 dated 14.03.2019, 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7297 of 2019 quash the same and direct the 1st , 2nd and 3rd respondents to effect a New High Tension Service to the Petitioners new unit as per their application dated 19.02.2019 immediately on payment of applicable charges within the stipulated time. For Petitioner : Mr. R.S.Pandiyaraj For Respondents : Mr.S.Deenadhayalan, Standing Counsel O R D E R The writ petition has been filed challenging the demand notice dated 14.03.2019 issued by the first respondent and for a consequential direction to the respondents to effect a New High Tension Service to the petitioner' s new unit as per their application dated 19.02.2019 immediately on payment of applicable charges within the stipulated time. 2. The learned counsel appearing for the petitioner would submit that the petitioner had purchased the subject property from his vendor. Prior to the said purchase, the vendor had obtained an electricity service connection for the property and had defaulted in payment of the electricity consumption charges. Consequently, the respondent issued the impugned demand notice dated 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7297 of 2019 14.03.2019 directing the petitioner to pay a sum of Rs.1,34,94,784/- towards the arrears due in respect of the said service connection. 3. The learned counsel would further submit that the petitioner was neither the consumer nor the owner of the electricity service connection at the time when the arrears accrued. The liability, if any, is exclusively that of the petitioner's vendor and the same cannot be fastened upon the petitioner merely because he subsequently purchased the property. Hence, the impugned demand is unsustainable in law and is liable to be set aside. 4. Per contra, the learned Standing Counsel appearing for the respondent would submit that the petitioner purchased the property on an "as is where is" basis. As per the provisions of the Electricity Supply Code, the liability towards the electricity dues attached to the premises and therefore, the petitioner is bound to discharge the outstanding dues before seeking any benefit in respect of the service connection. Accordingly, the impugned demand has been issued strictly in accordance with the Electricity Supply Code. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7297 of 2019 5. This Court has considered the rival submissions and perused the materials available on record. 6. During the course of hearing, it was brought to the notice of this Court that the petitioner has already paid the entire amount demanded under the impugned proceedings. In view of the said subsequent development, no further adjudication requires in the present writ petition. 7. Accordingly, the writ petition is dismissed as infructuous. However, liberty is granted to the petitioner to work out his remedy, if any, against his vendor in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed. 06.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7297 of 2019 To 1. The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. 2. The Executive Engineer/gener, Al, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. 3. The Assistant Engineer/stati, On, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul-2. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7297 of 2019 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.7297 of 2019 DATED : 06.08.2026 6/6 https://www.mhc.tn.gov.in/judis