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Madras High CourtWP/14045/2013dismissed

R.Ranjan,S/O.Radhanath Behra v. Tneb Rep By Its Chairman

2021-11-29Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.11.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.14045 of 2013 and M.P.No.1 of 2013 R.Ranjan .. Petitioner ..Vs..

1.Tamilnadu Electricity Board, Rep. its Chairman, No.144, Anna Salai, Chennai-600 002.

2.The Assistant Engineer, Tamilnadu Electricity Board, Sholinganallur, (SE/CEDC/SOUTH), Chennai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to refund the amount collected towards the compounding charges and extra levy and also not to disconnect the electricity service connection for the hostel at PL Red Mount Square, 155, Elcot Avenue, Shollinganallur, Chennai 600 119, without following due process of law.

For Petitioner : No Appearance For Respondents : Mr.L.Jai Venkatesh Standing Counsel for TANGEDCO O R D E R The relief sought for in the present writ petition is to direct the respondents to refund the amount collected towards the compounding charges and extra levy also not disconnect the electricity service connection for the hostel at PL Red Mount Square, 155, Elcot Avenue, Shollinganallur, Chennai 600 119. 2.The learned counsel for the respondents/Electricity Board made a submission that during inspection it was found by the competent authorities of the Board that the petitioner was https://hcservices.ecourts.gov.in/hcservices/

involved in theft of energy. The electricity consumption was assessed and accordingly, the charges were determined. The petitioner also had paid the entire consumption charges based on the assessment along with the compounding offence and accordingly, the offence of theft was compounded by the competent authority under the provisions of the Electricity Act. However, the present writ petition is filed seeking refund of amount.

3.If at all the petitioner is of an opinion that excess consumption charges are being paid by him, he has to approach the competent authorities along with all necessary documents and proof to establish the same. Contrarily, the High Court cannot determine the quantum of charges and its correctness in the present writ petition.

4.Under these circumstances, the petitioner is at liberty to approach the authorities, if at all he is eligible for any refund or otherwise. However, the relief as such sought for in the writ petition deserves no merits consideration and accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vs To 1.Tamilnadu Electricity Board, Rep. its Chairman, No.144, Anna Salai, Chennai-600 002.

2.The Assistant Engineer, Tamilnadu Electricity Board, Sholinganallur, (SE/CEDC/SOUTH), Chennai.

+1cc to Mr.L.Jai Venkatesh, Advocate SR.No.62096 W.P.No.14045 of 2013 and M.P.No.1 of 2013 RSI(CO) GN(13/12/2021) https://hcservices.ecourts.gov.in/hcservices/