M/S.Shan Holiday Inn Private v. The Tamilnadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.8531 OF 2015 AND M.P.NO.1 OF 2015 M/s.Shan Holiday Inn Private Ltd., Rep. By its Director, Mr.S.Mitra Srikanth, Having its Registered Office at No.85, Poonamallee High Road, Koyambedu, Chennai - 600 107.
... Petitioner .Vs.
1. The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), Rep. By its Deputy Financial Controller, No.144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Chennai Electricity Distribution Circle (West), S.S.Complex, Thirumangalam, Anna Nagar, Chennai - 600 040.
... Respondents PRAYER:- Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, calling for the records in 2nd respondent relating to the High Tension Bill for the month of February 2015 with regard to HTS/C No.1634 of the petitioner and the letter No.SE/CEDC/WHT/Asst/F.HTSC No.1634/ D284/2015, dated .03.2015, signed on 10.03.2015, and quash the same. For Petitioner :
Mr.A.R.L.Sundaresan Senior Counsel For M/s.AL.Ganthimathi For Respondents : Mr.L.Jai Venkatesh Standing Counsel For TANGEDCO
O R D E R
The Demand Notice issued by the respondent Electricity Board is under challenge in the present writ petition.
2. The learned Senior counsel appearing on behalf of the petitioner relying on the High Tension Bill issued by the month of January 2015 has stated that the other adjustments noted in the said bill is improper and not in consonance with the Regulations and Supply Code. However, based on the entries in the bill, High Court cannot form an opinion that whether the petitioner is entitled for any waiver or exemption or otherwise.
3. The Demand notice is a Statutory notice issued to a consumer based on the determination of charges to be paid and such a demand notice must be responded and in the event of any grievances, the petitioner is expected to approach the appellate authorities or the Consumer Grievances Redressal Forum constituted under Regulation 18 of Tamil Nadu Electricity Supply Code.
4. Adjudication of these disputed issues in a writ proceedings will result in omission, commission or error in deciding the factual disputes between the parties. Merely based on the affidavit filed in the writ proceedings, High Court cannot form an opinion regarding the matter of factual disputes. All such disputes require scrutinisation of original documents and evidences and sometimes oral evidences are also to be considered. Thus, the parties aggrieved are bound to exhaust the statutory remedies provided under the Statutes.
5. The importance of exhausting the appeal remedies at no circumstances be undermined by the High Courts. The findings to be recorded by the appellate authorities as well as the Forums created would be of greater assistance to the High Court for the purpose of exercise of power of judicial review under Article 226 of the Constitution of India. In the absences of such factual findings, the High Court may not form an opinion regarding the factual disputes in such matters, where the demand notice itself is under challenge.
6. The grounds raised in the writ petition require an elaborate adjudication as the learned Senior counsel also raising various grounds including the vagueness in the matter of raising bill by the Electricity Board. The learned Senior counsel made a submission that pursuant to the interim order, a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) had already been deposited by the petitioner.
7. In this view of the matter, the petitioner is at liberty to approach the appellate authority or the Consumer Grievances Redressal Forum constituted under Regulation 18 of Tamil Nadu Electricity Supply Code and thereafter, Electricity Ombudsman is also functioning for the purpose of redressal of the grievances in the manner known to law. In the event of filing any such application, the period during which the writ petition was pending before this Court, is to be taken into consideration for the purpose of condoning the delay, if any application to condone the delay is filed. Rest of the issues are to be adjudicated on merits and in accordance with law as expeditiously as possible.
8. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nti/kak To 1.
The Deputy Financial Controller, The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2.
The Superintending Engineer, Chennai Electricity Distribution Circle (West), S.S.Complex, Thirumangalam, Anna Nagar, Chennai - 600 040.
+1cc to M/s.AL.Ganthimathi, Advocate, S.R.No.62066 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.62113 W.P.NO.8531 OF 2015 GPL(CO) PBS/09/12/2021