R.Arumugam v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21-08-2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.6448 of 2017 R.Arumugam ..
Petitioner Vs.
1.The State of Tamil Nadu, Represented by its District Collector, Thiruvannamalai District.
2.The Superintending Engineer (Distribution), Tamil Nadu Electricity Board, Thiruvannamalai District.
3.The Junior Engineer (O&M), Electricity Board, Vedanthavadi Village, Keelpennathur Taluk, Thiruvannamalai District.
4.The Assistant Executive Engineer (O&M), Managalam, Keelpennathur Taluk, Thiruvannamalai District.
5.The Inspector of Police, Mangalam, Keelpennathur Taluk, Thiruvannamalai District.
..
Respondents PRAYER:
Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2 to 4 to to pay the compensation of a sum of Rs.5,00,000/- (Rupees Five Lakhs only) for the loss caused to the writ petitioner with interest due to electrification defects.
For Petitioner : Mr.S.Balasubramanian For Respondents-1&5: Mr.R.S.Selvam, Government Advocate.
For Respondents-2to4: Mr.M.Varunkumar
O R D E R
The relief sought for in this writ petiion is for a direction to direct the respondents 2 to 4 to pay the compensation of a sum of Rs.5,00,000/- (Rupees Five Lakhs only) for the loss caused to the writ petitioner on account of the damage caused in the agricultural land due to electrification defects.
2. The learned counsel, appearing on behalf of the writ petitioner, states that on account of negligence of the respondent-Electricity Board, the agricultural land belongs to the writ petitioner got damaged. In this regard, the writ petitioner's sugarcane crops were burnt and the writ petitioner sustained huge monetary loss. Thus, the writ petitioner made a representation to the authorities and no action has been taken to redress the grievances of the writ petitioner.
3. This Court is of an opinion that the Tamil Nadu Electricity Board has constituted a Consumer Grievance Redressal Forum as per Rule 18 of the Electricity Supply Code. Thus, all the grievances of the consumers and others relating to the provisions under the Regulations shall be referred to the Consumer Greivance Redressal Forum.
4. This being the factum of the case, the writ petitioner is directed to submit a fresh application/representation before the Consumer Greivance Redressal Forum constituted to redress the grievances of the persons and in the event of submitting any such application/representation by the writ petitioner, the Consumer Grievance Redressal Forum shall adjudicate the same on merits and pass orders in accordance with law, within a reasonable period, preferably within a period of three months from the date of submission of the application/representation by the writ petitioner.
5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Svn To 1.The District Collector, State of Tamil Nadu, Thiruvannamalai District.
2.The Superintending Engineer (Distribution), Tamil Nadu Electricity Board, Thiruvannamalai District.
3.The Junior Engineer (O&M), Electricity Board, Vedanthavadi Village, Keelpennathur Taluk, Thiruvannamalai District.
4.The Assistant Executive Engineer (O&M), Managalam, Keelpennathur Taluk, Thiruvannamalai District.
5.The Inspector of Police, Mangalam, Keelpennathur Taluk, Thiruvannamalai District.
6.The Consumer Greivance Redressal Forum, Tamil Nadu Electricity Board, Anna Salai,Chennai.
+1cc to Mr.S.Balasubramanian, Advocate sr.no.58018 +1cc to Government Pleader sr.no.57640 WP 6448 of 2017 nr 06/09/2018