← Library
Madras High CourtWP/9632/2020disposed of

M.Rukumani v. The Managing Director

2020-10-14Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.10.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9632 of 2020 WMP No.11761 of 2020 M.Rukmani .... Petitioner Vs.

1. The Managing Director / Chairman, Tamil Nadu Electricity Generation and Distribution Corporation, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, TANGEDCO, Chennai EDC - South, K.K.Nagar, SS Complex, Anna Main Road, K.K.Nagar, Chennai 600 078.

3. The Executive Engineer, TANGEDCO, O&M Guindy, 110 KV, KK Nagar, SS Complex, Anna Main Road, KK Nagar, Chennai 600 078.

4. The Assistant Executive Engineer (O&M), Poonamallee - 33/11 KV Poonamallee, SS Complex, Avadi Road, Seneerkuppam, Chennai 600 056.

...Respondents

Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Cetiorarified Mandamus to call for the records relating to the impugned order passed by the 5th respondent in Na.Ka.No.U.Po.E(Ma) Pa/Kumananchavadi/Ko.S3/A/20-21 dated 14.07.2020 and quash the same and consequently, direct the respondent Nos.1 to 4 to conduct the enquiry upon the petitioner's representation dated 12.07.2020 for the exorbitant claim and for replacing the damaged electric meter for the petitioner's electricity service connection in No.308/004/1855.

For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.Gunaraj, Standing Counsel 1/3

ORDER

This Writ petition has been filed challenging the impugned proceedings of the 5th respondent dated 14.07.2020, wherein, the petitioner has been directed to pay a sum of Rs.30,787/- towards due.

2.

The case of the petitioner is that she was paying the consumption charges regularly and the dispute started in February 2020, wherein a bill was raised to the tune of Rs.18,758/-. The petitioner raised a dispute with regard to the said demand on the ground that there is a problem in the Meter box and the same requires to be tested. While so, the impugned proceedings came to be passed by the 5th respondent directing the petitioner to pay a sum of Rs.30,787/-, which was the amount calculated by revisting the entries from the year 2018 onwards. Aggrieved by the same, the present writ petition has been filed before this Court.

3.

The 4th respondent has filed a counter affidavit in this case and has justified the levy made by the 5th respondent. 4.

Heard the learned counsel for the petitioner and Mr.Gunaraj, learned Standing counsel appearing for the respondents.

5.

When this writ petition was admitted, this Court directed the petitioner to deposit 50% of the amount demanded by the 5th respondent and the same was also complied with by the petitioner. There are basically two disputes that requires consideration. The 1st dispute is with regard to the defect in meter as alleged by the petitioner. The 2nd dispute is as to whether the 5th respondent could have recalculated the dues from the year 2018 onwards, even without putting the petitioner on notice.

6.

It is seen from records that the petitioner has made a detailed representation before the 3rd respondent. It will therefore be more appropriate to direct the 3rd respondent to consider the grievance expressed by the petitioner and pass orders in accordance with law. The 3rd respondent will consider both the issues that have been raised by the petitioner and pass an order. The petitioner is directed to make a fresh representation to the 3rd respondent along with all the relevant documents and a copy of this order on or before 19.10.2020. The 3rd respondent shall pass orders strictly in accordance with law on or before 08.11.2020. The further course of action for the 2/3

petitioner will be decided based on the orders passed by the 3rd respondent and till then, no coercive steps shall be taken. 7.

This writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rka To

1. The Managing Director / Chairman, Tamil Nadu Electricity Generation and Distribution Corporation, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, TANGEDCO, Chennai EDC - South, K.K.Nagar, SS Complex, Anna Main Road, K.K.Nagar, Chennai 600 078.

3. The Executive Engineer, TANGEDCO, O&M Guindy, 110 KV, KK Nagar, SS Complex, Anna Main Road, KK Nagar, Chennai 600 078.

4. The Assistant Executive Engineer (O&M), Poonamallee - 33/11 KV Poonamallee, SS Complex, Avadi Road, Seneerkuppam, Chennai 600 056.

W.P.No.9632 of 2020 WMP No.11761 of 2020 aa21/10/2020 3/3