E.Raniammal v. The Executive Engineer, O&M,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.36510 of 2016 and W.M.P.No.31420 of 2016 E.Raniammal ... Petitioner Vs.

1.The Executive Engineer, O&M, TANGEDCO, Sriperumpudur.

2.The Assistant Executive Engineer Operation & Maintenance /Construction, TANGEDCO /Chengalpattu Electricity Distribution Circle, Sriperumpudur- 602 105.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the Impugned order/Working Sheet dated 27.08.2016 issued by the 2nd respondent and quash the same as illegal, arbitrary and against the provisions of the Electricity Act 2003.

For Petitioner : Mr.K.PremKumar For Respondents : Mr.L.Jai Venkatesh Standing Counsel for TANGEDCO

O R D E R

The allegations against the petitioner by the Electricity Board was theft of energy, compounding the offence charges are levied and challenging the said action, the writ petition is filed.

2. The issues requires an adjudication with reference to the documents and evidences. This Court cannot conduct such an elaborate adjudication in respect of allegation of theft of energy or otherwise, which is to be done based on the documents https://hcservices.ecourts.gov.in/hcservices/

and evidences available.

3. As per the Regulation 18 of the Tamil Nadu Electricity Supply Code 2004, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum for the purpose of redressal of her grievances. Thereafter, Electricity Ombudsman is also functioning. Exhausting the statutory remedy provided under the Regulations are of paramount importance to exercise the power of judicial review by the High Court under Article 226 of the Constitution of India and the original issues cannot be decided in a writ proceedings as it requires the verification of original documents and evidences to be produced by the parties.

4. Thus, the petitioner is at liberty to approach the redressal Forum in the manner prescribed for the redressal of her grievances.

5. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar Jeni/Kak To 1.The Executive Engineer, O&M, TANGEDCO, Sripeumpudur.

2.The Assistant Executive Engineer Operation & Maintenance /Construction, TANGEDCO /Chengalpattu Electricity Distribution Circle, Sriperumpudur- 602 105.

+1cc to Mr.K.Premkumar, Advocate SR.No.59132 +1cc to Mr.L.Jaivenkatesh, Advocate SR.No.59160 W.P.No.36510 of 2016 KG(CO) CB(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/