N.Manokaran, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28976 of 2016 and W.M.P.No.25058 of 2016 N.Manokaran ... Petitioner Vs
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 002.
2. The Executive Engineer, TANGEDCO Ltd.
Vellichandhai, Palacode Taluk, Dharmapuri District.
3. The Assistant Engineer, Operation & Maitenance TANGEDCO Ltd.
Vellichandhai, Palacode Taluk, Dharmapuri District.
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiori, to call for the records issued by the 3rd respondent in his proceedings letter Ka.En.UPO/E&P/Ke/pala/co.Thanikai/No/134/16-17, dated 09.08.2016 and quash the same.
For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.L.Jaivenkatesh, For TANGEDCO, For R1 to R3.
ORDER
The demand notice issued based on the audit objection in proceeding dated 09.08.2016 is under challenge in the present writ petition.
2. The learned counsel appearing on behalf of the respondent/TANGEDCO made a submission that the electricity meter installed in the premises of the petitioner was defective from February 2015 to August 2015. During the audit objection, the Consumption Charges were determined and accordingly, the demand notice was issued in proceeding dated 09.08.2018 which is impugned.
3. In respect of the said demand notice, if at all the petitioner raises an objection, then the petitioner has to approach the Competent Authority or the Consumer Grievances Redressal Forum constituted under Clause 18 of the Tamil Nadu Electricity Supply Code. High Court cannot adjudicate such disputed facts with reference to the documents and evidences. The original proceedings, i.e, the demand notice was issued based on the audit objections Thus, the scrutinify of documents and evidences are necessary for the purpose of determining the issue involved.
4. Under these circumstances, the petitioner is at liberty to approach the Appellate Authority or the Consumer Grievances Redressal Forum as the case may be for the purpose of effective adjudication and to resolve the issue in the manner known to law. In the event of the petitioner approaching the Consumer Grievances Redressal Forum, the Forum shall consider the period during which the writ petition was pending before this High Court for the purpose of condoning delay and decide the issue on merits and in accordance with law as expeditiously as possible.
5. With these directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kmm To
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 002.
2. The Executive Engineer, TANGEDCO Ltd.
Vellichandhai, Palacode Taluk, Dharmapuri District.
3. The Assistant Engineer, Operation & Maitenance TANGEDCO Ltd.
Vellichandhai, Palacode Taluk, Dharmapuri District.
+1cc to Mr.D.Ramesh Kumar, Advocate, S.R.No.5131 W.P.No.28976 of 2016 SSI(CO) SB(21/02/2022)