M.Ashok Kumar v. The Assistant Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.1136 of 2025 M.Ashok Kumar
...Petitioner
Vs.
The Assistant Executive Engineer TANGEDCO, O And M/North /CEDC, Thiruninrayur- 602 024.
....Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in respect of the impugned order dated 04.12.2024 for the service connection No. 555-0123861 issued by the respondent to quash the same. For Petitioner : Mr.D.Gopinathan For Respondent : Mr. L.Jai Venkatesh Standing Counsel (TNEB) 1/7
O R D E R
The writ petition is filed challenging the impugned order passed by the respondent directing the petitioner to pay a sum of Rs.1,19,439/- towards actual consumption charges for a period from August 2023 to October 2024 .
2. It is the case of the petitioner that he is residing in Door No.461B, Prakash Nagar, 12th Cross Street, Nemilychery, Thiruninrayur and he was provided with electricity service connection in Connection No.555-012- 3861 under Tarrif of LA1A-domestic. The meter installed in the petitioner's premises was found to be defective. Therefore, at the request made by the petitioner, a new meter with meter No.LW-01411230 05/2023 was installed on 31.07.2023. Thereafter, the petitioner has been paying electric consumption charges regularly. During October 2024, the petitioner found the meter reading noted by the respondent was very high and a complaint was made by the petitioner. The petitioner also made an oral request to replace the faulty meter. The respondent subjected the faulty meter for Meter Relay Testing(MRT) and found that meter was working properly. Therefore, the impugned order was 2/7
passed directing the petitioner to pay a sum of Rs.1,19,439/- towards actual current consumption charges based on the units recorded in the meter for a period from August 2023 to October 2024. Aggrieved by the same, the petitioner has come before this Court.
3. The learned counsel for the petitioner submits that right from the date of installation of the new meter on 31.07.2023, the petitioner has been regularly paying current consumption charges as noted by the Assessing Officer of the respondent and hence, the fresh demand made by the respondent as per the impugned order is untenable in law.
4. Mr. L.Jai Venkatesh, learned Standing Counsel (TNEB), who takes notice for the respondent, on instructions, submits that the assessment was not properly made by the Assessment Officer. Based on the readings found in the meter installed in the petitioner's premises, the impugned demand was made for payment of actual consumption charges after deducting the amount already paid by the petitioner.
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5. If the petitioner has any grievance with regard to the working of the meter or the calculation made by the respondent, it is for him to approach the Consumer Grievance Redressal Forum under Regulation 18 of Tamil Nadu Electricity Supply Code. Therefore, this Court is not inclined to entertain this writ petition.
6. The learned counsel for the petitioner also submits that due to nonpayment of the amount as demanded by the respondent under impugned order, the respondent has dis-connected the electricity service connection.
7. The learned Standing Counsel (TNEB) for the respondent further submits that the petitioner not only failed to pay the amount demanded under impugned order but also failed to pay the consumption charges for the month of December 2024 and hence, the respondent was constrained to disconnect the power supply.
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8. In view of the said submission made by the learned Standing Counsel(TNEB) for the respondent, the petitioner is given liberty to approach the Consumer Grievance Redressal Forum within a period of two weeks from the date of receipt of copy of this order. The petitioner is also directed to pay 1st installment of 25% of the impugned demand amount together with actual current consumption charges for the month of December 2024 within a period of one week from the date of receipt of copy of this order. On payment of the said amount, the respondent shall restore the power connection to the petitioner's premises. The petitioner further directed to pay the 2nd installment of 25% of the impugned demand amount within a period of five weeks from the date of receipt of copy of this order.
The petitioner shall produce the payment receipts before the Consumer Grievance Redressal Forum. On production of the same, the complaint made by the petitioner shall be taken into consideration and final orders shall be passed on merits within a further period of four weeks from the date of production of the receipts by the petitioner. In case of failure of petitioner to pay 2nd installment as mentioned above, the respondent is entitled to disconnect the power supply to petitioner.
9. With the above directions, the writ petition stands disposed of. No costs.
21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr Note:Issue order copy on 22.01.2025 To The Assistant Executive Engineer TANGEDCO, O And M/North /CEDC, Thiruninrayur- 602 024.
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S.SOUNTHAR , J.
nr W.P No.1136 of 2025 21.01.2025 7/7