Rekha S.Chowatiya v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.15241 of 2020 Rekha.S.Chowatiya
...Petitioner
Vs.
1. The Superintending Engineer, CEDC Central, TANGEDCO, MGR Salai, Valluvar Kottam SS Camp, Nungambakkam, Chennai - 600 034.
2. The Assistant Executive Engineer Vepery, CEDC Central, TANGEDCO, No.33/11, KVSS, Behind G3 Police Station, Opp. Sangam Theatre, P.H.Road, Egmore, Chennai - 600 084.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to restore the electricity connection to the petitioner in Consumer No.01153001735 at the premises in Fuso House, No.91, P.H.Road, Egmore, Chennai - 600 084 without demanding any payment from the petitioner as directed by the Tamil Nadu Electricity Ombudsman by its Award in A.P.No.51 of 2019 dated 03.06.2020.
1/6
For Petitioner : Ms.Srividhya Aravindan For Respondents : Mr.L.Jai Venkatesh
O R D E R
This Writ petition has been filed seeking for issuance of a writ of mandamus to direct the respondents to restore the electricity connection to the petitioner in Consumer No.01153001735 at the premises in Fuso House, No.91, P.H.Road, Egmore, Chennai - 600 084 without demanding any payment from the petitioner as directed by the Tamil Nadu Electricity Ombudsman by its Award in A.P.No.51 of 2019 dated 03.06.2020.
2. It is the case of the petitioner that the petitioner is one of the coowner of the premises situated at No.91, Poonamallee High Road, Chennai and have obtained Low Tension Current Transformer Service during the year 2010 under commercial tariff. While that being so, the Distribution Transformer situated in the above premises met with a fire accident, for which the respondents vide demand notice dated 14.03.2018 directed the petitioner and other co-owners to bear the cost for erection of distribution transformer, against which, one of the co-owner of the aforesaid premises 2/6
namely Babulal L Shah filed a petition before the Consumer Grievance Redressal Forum (in short 'CGRF'). Aggrieved over the in action of the petition filed before the CGRF, the said Babulal L Shah preferred an appeal before first respondent, which allowed the appeal vide order dated 03.06.2020 by directing the electricity board to execute the work at the licensee's cost. Seeking to implement the order passed by the first respondent dated 03.06.2020, by restoring electricity service connection to the petitioner's premises, she made a representation dated 29.07.2020 before the respondents. Since the same was not considered the present writ petition has been filed.
3. Though very many grounds have been raised in the above writ petitioner, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 29.07.2020 and pass appropriate orders within the time frame that may be stipulated by this Court.
4. On the above contentions heard learned counsel appearing on either side and perused the materials placed on record. 3/6
5. Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 29.07.2020 and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above directions this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15.06.2023 2/2 (rap) NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No 4/6
To
1. The Superintending Engineer, CEDC Central, TANGEDCO, MGR Salai, Valluvar Kottam SS Camp, Nungambakkam, Chennai - 600 034.
2. The Assistant Executive Engineer Vepery, CEDC Central, TANGEDCO, No.33/11, KVSS, Behind G3 Police Station, Opp. Sangam Theatre, P.H.Road, Egmore, Chennai - 600 084.
5/6
M.DHANDAPANI., J.
(rap) 15.06.2023 2/2 6/6