T.Gunasekaran v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.NO.761 OF 2021 T.Gunasekaran ... Petitioner Vs.
1.The Divisional Engineer TNEB Office, No.5, Anna Nagar Main Road K.K.Nagar, Chennai 600 078 2.The Assistant Engineer TNEB Office, 4th Main Road Thilaiganga Nagar Adambakkam, Chennai 600 088 ... Respondents Prayer:
The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 21.11.2020 given by the petitioner with the 1st and 2nd respondents and consequently directing the 1st and 2nd respondents to refund the excess amount collected from the petitioner or in otherwise a suitable concession may be given for the subsequent period of the monthly bill to the petitioner herein. For Petitioner : Mr.T.Ramachandran For Respondents : Mr.P.Gunaraj Standing counsel
ORDER
(The case has been heard through video conference) The petition has been filed by the petitioner, seeking for a direction, to direct the 1st and 2nd respondents to consider the representation dated 21.11.2020 given by the petitioner with the 1st and 2nd respondents and consequently directing the 1st and 2nd respondents to refund the excess amount collected from the petitioner or in otherwise a suitable concession may be given for the subsequent period of the monthly bill to the petitioner herein.
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2.The grievance of the petitioner is that the 2nd respondent Board has collected Electricity Consumption charges more than the actual amount due from the petitioner. According to the learned counsel for the petitioner, as on 21.10.2020, the meter reading mentioned in the card is 11680, the consumption unit is 2480, whereas, the respondent Board has collected a sum of Rs.14,848/- by referring the previous month consumption charges instead of quoting the actual amount. Hence, the petitioner has made a representation to the respondents' Board on 21.11.2020, which has not been considered by the 2nd respondent so far. Therefore, the petitioner is before this Court. 3.Mr.Gunaraj, the learned standing counsel takes notice for the respondents 1 & 2 and would submit that the current consumption has been charged in accordance with the Provisions under the Code and they have not charged anything excess other than the consumption.
4.Since the representation made by the petitioner dated 21.11.2020 has not been considered by the 2nd respondent Board, this Court is inclined to issue a direction to the 2nd respondent Board to pass appropriate orders on the representation of the petitioner dated 21.11.2020 on merits and in accordance with law and to communicate the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 5.Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kas To 1.
The Divisional Engineer TNEB Office, No.5, Anna Nagar Main Road K.K.Nagar, Chennai 600 078 2.
The Assistant Engineer TNEB Office, 4th Main Road Thilaiganga Nagar, Adambakkam, Chennai 600 088 +1cc to Mr.P.Gunaraj, Advocate, S.R.No.1912 W.P.No.761 of 2021 PA(CO) CS/10/02/2021 https://hcservices.ecourts.gov.in/hcservices/