The main legal point established in the judgment is that unless an error of law or violation of law is shown, the court cannot interfere in granting time or instalments for making payment of the impugned demand.

Markandey Katju, C.J.

1. Heard Mr.S.Rajeswaran, learned counsel for the appellants and Mr.C.S.Krishnamoorthy, learned counsel for the respondent/writ petitioner.

2. The writ appeal has been filed against an interim order of a learned single Judge dated 19.7.2005 passed in Writ Petition No.22978 of 2005.

3. The writ petition was filed for a writ of certiorarified mandamus calling for the records of the first respondent in his letter No. SE/ Mettur/EDC/ HT/ASST.2/F. HTSC.NO. 110/D/ 2005 dated 6.7.2005 quash the same and to direct the respondents to permit the petitioner industry having HTSC No.110 to pay arrears of consumption charges of Rs.35,03,246/- in 10 monthly instalments with Belated Payment Surcharge (Interest).

4. By the impugned interim order, the learned single Judge passed an order directing payment of 50% of the impugned demand within four weeks and the remaining amount was stayed.

5. It is well settled that a writ of certiorari lies when there is an error of law apparent on the face of the record vide, Nagendra Nath Bora Vs. Commissioner, AIR 1958 SC 398 (412), Ambika Mills Limited Vs. Bhatt, AIR 1961 SC 970 (973), Union of India Vs. Ghaus Mohd., AIR 1961 SC 1526, Syed Yakoob Vs. K.S.Radhakrishnan, AIR 1964 SC 477, Custodian of Evacuee Property Vs. Adbul Shakoor Khan, AIR 1961 SC 1087 (1094), Provincial Transport Services Vs. State Industrial Court, AIR 1963 SC 114, etc. When no error of law has been pointed out, no writ of certiorari can be issued. This is the well settled principle, but we are distressed to note that it is often being followed in the breach, by adopting an over liberal approach.

6. Judges of the High Court are also subordinate to the law and have to follow the well settled principles of writ jurisdiction. With respect we would like to say that it is not open to a High Court Judge to pass whatever order he likes in writ jurisdiction. There are well settled principles for exercise of writ jurisdiction, and a writ cannot be issued on grounds of sympathy alone. In this case no error of law apparent on the face of the record nor violation of any law has been pointed out by the writ petitioner, and yet the writ petition has been entertained and an interim stay of all further proceedings was granted on payment of 50% of the demand.

7. We are of the opinion that the writ petition itself was not maintainable since no error of law apparent on the face of the record has been pointed out.

8. In Tamil Nadu Industrial Investment Corporation Limited Vs. Millenium Business Solutions Limited, 2004 (5) CTC 689 (vide paragraph – 7) a Division Bench of this Court held that no writ lies for merely fixing instalments. We agree with this view.

9. Learned counsel for the writ petitioner prayed for a direction that the electricity consumption charges may be allowed to be paid in instalments. We have repeatedly held that in a writ petition the High Court has no power to fix instalments, particularly when no error of law apparent on the face of the record has been pointed out. We are also of the opinion that if no error of law or violation of law has been shown by the petitioner it is not open to the High Court to grant time for making payment of the impugned demand. We are of the opinion that however much sympathy the Court may have with the writ petitioner, yet unless the petitioner can show an error of law apparent on the face of the record or violation of law, this Court cannot interfere.

10. The learned counsel for the respondent in this appeal viz., M/s.Krishna Alloys has submitted that in view of the Rule 22(8) of the Tamil Nadu Electricity Supply Code, which has been framed under Section 50 read with Section 181 of the Electricity Act, 2003, the respondent has a right to get the facility of payment in instalments.

11. It may be noted that Rule 22 is in Chapter – III of the Tamil Nadu Electricity Supply Code which relates to restoration of supply of electricity after it has been disconnected. What the wr