V.Arunprasad v. The Chief Engineer/ Distribution/,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15057 of 2021 and WMP.Nos.15954, 15952 of 2021 & 185 of 2022 V.Arunprasad

...Petitioner

Vs.

1.The Chief Engineer/Distribution/ Chennai South Region Tamilnadu Electricity Board, NPKRR Maaligai, No.144, Annasalai, Chennai 600 002 2.The Executive Engineer, (O&M), TANGEDCO, Sriperumbudur, Kancheepuram District, Pin Code 602 105 3.The Assistant Executive Engineer, (O&M), TANGEDCO, Kattumanam, Sriperumbudur, Kancheepuram District, Pin Code 602 105 4.The Junior Engineer, (O&M) North, TANGEDCO, Sunguvachatiram, Kancheepuram District, Pin Code 602 106 5.The Chairman / Superintending Engineer, Consumer Grievance Redressal Forum, 1/6

Chengalpattu 603 001 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to all the proceedings of the impugned order passed by the fifth respondent in proceeding Order no.741-1 dated 31.08.2019 and to quash the same.

For Petitioner : Mr.I.Rathinavel For Respondents : Mr.L.Jaivenkatesh, Standing Counsel

ORDER

This writ petition has been filed challenging the order dated 31.08.2019 thereby rejected the grievance of the petitioner by the Consumer Grievance Redressal Forum.

2.

The petitioner had obtained electricity service connection under commercial category for the property at No.376/17, Maheswari Avenue, Agaram, Vayalur, Sriperumbudur, Kancheepuram from the third respondent. While being so, the third respondent had inspected the electricity service connection based on a consumer complaint of excess consumption. On inspection, the third respondent found that the motor is in good condition and the reading also entered in consumer ledger as 2/6

32039 on 21.06.2019. Subsequently, assessment was taken for the month of July 2017 and the consumption was noted as 24580 units and the consumption charges as Rs.3,18,574/- However, the Assessment Officer who had assessed the meter had committed mistakes by noting lesser reading for the past two years. Therefore, appropriate action as against assessor has been taken and the third respondent issued notice directing the petitioner to pay consumption charges. Aggrieved by the same, the petitioner lodged complaint before the Consumer Grievance Redressal Forum i.e. the fifth respondent and after due enquiry, the complaint lodged by the petitioner was dismissed. In fact, after lodging the complaint, the petitioner failed to appear before the fifth respondent. However, as against the said order, the petitioner ought to have approached the electricity ombudsman. He failed to approach ombudsman as against the order passed by the fifth respondent. 3.

That apart, order dated 31.08.2019 has been challenged by way of this writ petition only after nearly two years. Subsequently, the respondents made demand to collect the electricity consumption charges. 3/6

It is also seen that the petitioner had obtained electricity service connection for construction purpose and the same was used for agricultural purpose. He influenced the assessor and used the current for his agricultural purpose. Thereafter the petitioner was issued demand notice to pay consumption charges as assessed by the third respondent. 4.

In view of the above, this Court finds no infirmity or illegality in the order dated 31.08.2019 passed by the fifth respondent. As such, this writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 11.06.2024 Index: Yes/No Speaking/Non-speaking order lok 4/6

To 1.The Chief Engineer/Distribution/ Chennai South Region Tamilnadu Electricity Board, NPKRR Maaligai, No.144, Annasalai, Chennai 600 002 2.The Executive Engineer, (O&M), TANGEDCO, Sriperumbudur, Kancheepuram District, Pin Code 602 105 3.The Assistant Executive Engineer, (O&M), TANGEDCO, Kattumanam, Sriperumbudur, Kancheepuram District, Pin Code 602 105 4.The Junior Engineer, (O&M) North, TANGEDCO, Sunguvachatiram, Kancheepuram District, Pin Code 602 106 5.The Chairman / Superintending Engineer, Consumer Grievance Redressal Forum, Chengalpattu 603 001 5/6

G.K.ILANTHIRAIYAN, J.

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