N.C.Saravanan v. The Assistant Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.38401 of 2016 N.C.Saravanan
...Petitioner
Vs.
1.The Assistant Engineer, Town Division, Operation and Maintenance (O&M), TANGEDCO, Kaveripattnam, 2.The Assistant Executive Engineer, Operation and Maintenance (O&M), TANGEDCO, Kaveripattnam, 3.The Superintending Engineer, TANGEDCO, Avathanpatti Village, Krishnagiri- Electricity Distribution Taluk, Krishnagiri- 635 001.
4.The Audit Officer, Revenue Division, TANGEDCO, Avathanpatti Village, Krishnagiri-Electricity Distribution Taluk, Krishnagiri-635 001.
5.The Chief Executive Engineer Distribution, Vellore Region, TANGEDCO, Gandhi Nagar, Vellore-632 006.
6.The Assistant Audit Officer, (Ap1) Board Office Audit Branch, Vellore Region, TANGEDCO, Gandhi Nagar, Vellore-632 006.
7.The Chairman, Tamil Nadu Electricity Board, No.144 Anna Salai, Chennai-600 002.
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records of the Demand Letter dated 17.8.2016 bearing Letter No.AE/DM/ Kaveripattinam Nagar/ Ko.180/16, issued by the first respondent and quash the same.
For Petitioner :
Mr.N.Jayakumar For Respondents 1 to 7 :
Mr. L.Jai Venkatesh For TANGEDCO
ORDER
The impugned demand has been issued by the respondent authorities on inspection of defective meter in the premises of the petitioner. Assessment has been made by following the procedures as contemplated under the regulations. 2.If at all any grievance exists for the petitioner, an adjudication must be done with reference to the documents and evidences. The original assessment made by the competent authorities cannot be adjudicated in a writ proceedings by the High Court and thus, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum constituted under Clause 18 of the Tamil Nadu Electricity Supply Code. In the event of any such approach by the petitioner, the period during which the writ petition was pending before this Court has to be taken into consideration for the purpose of condoning the delay, if any, and the issues are to be decided on merits and in accordance with law as expeditiously as possible.
3.With these observations, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar mkn/nti To 1.The Assistant Engineer, Town Division, Operation and Maintenance (O&M), TANGEDCO, Kaveripattnam,
2.The Assistant Executive Engineer, Operation and Maintenance (O&M), TANGEDCO, Kaveripattnam, 3.The Superintending Engineer, TANGEDCO, Avathanpatti Village, Krishnagiri- Electricity Distribution Taluk, Krishnagiri- 635 001.
4.The Audit Officer, Revenue Division, TANGEDCO, Avathanpatti Village, Krishnagiri-Electricity Distribution Taluk, Krishnagiri-635 001.
5.The Chief Executive Engineer Distribution, Vellore Region, TANGEDCO, Gandhi Nagar, Vellore-632 006.
6.The Assistant Audit Officer, (Ap1) Board Office Audit Branch, Vellore Region, TANGEDCO, Gandhi Nagar, Vellore-632 006.
7.The Chairman, Tamil Nadu Electricity Board, No.144 Anna Salai, Chennai-600 002.
+1cc to Mr.L.Jai Venkatesh, Advocate SR. No.7022 W.P.No.38401 of 2016 PCH (CO) PR (04/03/2022)