(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the Second Respondent to change the tariff of the Petitioners School from Tariff V to Tariff II-B in accordance with the Clause 10.5.1 of the Order No.1 of 2012 dated 30/3/2012 issued by the Tamil Nadu Electricity Regulatory Commission within the time period stipulated by this Court.)
1. Heard the Learned Counsel for the Petitioner and the Learned Standing Counsel for the Respondents.
2. According to the Petitioner, the School made a representation dated 8/9/2014 addressed to the Second Respondent praying for the change of Tariff from Tariff V to Tariff II B (2) applicable to Private Educational Institutions.
3. It is the plea of the Petitioner that the School is a regular School, affiliated to Edexcel UK Board and the School filed earlier W.P.(MD) No.16727 of 2003 on the file of this Court and this Court on 11/2/2014, passed an order whereby and where under, the impugned order dated 18/9/2013 (in the said Writ Petition) was set aside by this Court and further, directed the request of the Petitioner School for issuance of permit and pass appropriate orders on merits and in accordance with law, without insisting upon any approval by the Educational Authorities either from the State Government or the Central Government within a period of eight weeks from the date of receipt of the copy of this order.
4. Be that as it may, in view of the fact that the Petitioner/School has sought only a limited relief in the present Writ Petition to consider its representation dated 8/9/2014 addressed to the Second Respondent in regard to the change of Tariff from V (2) to II B (2) applicable to Private Educational Institutions, this Court in the interest of Justice and Fair Play, directs the Second Respondent to look into the representation of the Petitioner dated 8/9/2014 in a fair and dispassionate manner and to dispose of the same on merits by passing a reasoned order, assigning necessary qualitative and quantitative reasons for arriving at the conclusion (of course, after providing due opportunities to the Petitioner and others concerned, by adhering to the principles of natural Justice and in any event, within a period of six weeks from the date of receipt of the copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
St. Assisi World School, Represented By Its Correspondent, C. Bindhu, Madurai v. The Superintending Engineer, Tangedco, Madurai And Another
St. Assisi World School, Represented By Its Correspondent, C. Bindhu, Madurai v. The Superintending Engineer, Tangedco, Madurai And Another
(Before The Madurai Bench Of Madras High Court)
Writ Petition No. 17295 Of 2014 | 28-10-2014
Advocate List
- For the Petitioner S. Rajasekar, Advocate. For the Respondents S.M.S. Johnny Basha, Advocate.
Bench
- HON'BLE MR. JUSTICE M. VENUGOPAL
Eq Citations
- LQ/MadHC/2014/5512
Head Note
Electricity — Tariff — Tariff for private educational institutions — Change of tariff from Tariff V to Tariff II-B — Prayer for — Held, in view of fact that petitioner sought only limited relief in present writ petition to consider its representation dated 8/9/2014 addressed to respondent No.2 in regard to change of tariff from Tariff V (2) to Tariff II B (2) applicable to Private Educational Institutions, respondent No.2 directed to look into representation of petitioner in a fair and dispassionate manner and to dispose of the same on merits by passing a reasoned order, assigning necessary qualitative and quantitative reasons for arriving at the conclusion (of course, after providing due opportunities to petitioner and others concerned, by adhering to the principles of natural Justice and in any event, within a period of six weeks from the date of receipt of copy of this order — Constitution of India — Art. 226 — Natural Justice — Opportunity to be heard
