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Madras High CourtWP/39162/2015disposed of

P. Jyothi, v. The Chief Engineer

2015-12-14Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2015

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.39162 of 2015 & M.P.No.1 of 2015 P. Jyothi [PETITIONER] Vs.

1. The Chief Engineer (Distribution) TANGEDCO, Villupuram.

2. The Superintending Engineer TANGEDCO, Villupuram.

3. The Divisional Engineer (O&M) TANGEDCO, Tindivanam.

4. The Assistant Engineer Marakanam & Taluk, Villupuram District.

[RESPONDENTS] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents from any way enforcing payment form the petitioner pursuant to the meter reading dated 25.11.2015 in respect of the Service Connection No. 462-009-532 at Thirukanur Village, Marakanam Taluk, and also forebear the respondents from disconnecting the electricity supply in the above service connection under the guise of enforcing the payment from the petitioner in respect of the above meter reading. For Petitioner .. Mr.N.Suresh For Respondents .. Mr.M.Varunkumar

O R D E R

With the consent of the learned counsel on either side, the writ petition is taken up for final disposal. 2.Heard Mr.N.Suresh, learned Counsel appearing for the petitioner and Mr.M.Varunkumar, learned counsel who accepted notice on behalf of the respondents.

3.The petitioner seeks for forbearing the respondents from enforcing payment from him pursuant to the meter reading dated 25.11.2015 in respect of the Service Connection No. 462-009-532 at Thirukanur Village, Marakanam Taluk, and also to forebear the respondents from disconnecting the electricity supply in the above service connection under the guise of enforcing the payment from him in respect of the above meter reading. 4.As rightly pointed out by the learned counsel for the respondents, if the petitioner is aggrieved by the meter reading, he has got an effective remedy under the Tamil Nadu Electricity Supply Code, 2004 and in terms of section 18 of the Code all grievances relating to the provisions under the Regulations 3 to 17 of the Code, shall be referred by the consumers to the respective Consumer Grievances Redressal Forum, which has been constituted under the Electricity Act. In the light of the above, the petitioner has to necessarily approach the said forum and ventilate his grievances.

5.Since it is submitted by the learned counsel for the petitioner that the petitioner is threatened with disconnection, taking into consideration the submissions made, there will be a direction to the petitioner to remit 50% of the demand as raised by the respondents within a period of two weeks from today, and after remitting the same, the petitioner is at liberty to file a Petition before the Consumer Grievances Redressal Forum, which shall be considered by the Redressal Forum, in accordance with law.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. rpa Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To

1. The Chief Engineer (Distribution) TANGEDCO, Villupuram.

2. The Superintending Engineer, TANGEDCO, Villupuram.

3. The Divisional Engineer (O&M) TANGEDCO, Tindivanam.

4. The Assistant Engineer, Marakanam & Taluk, Villupuram District.

+ 1 cc to Mr.N.Suresh, Advocvate Sr 66991.

+ 1 cc to Mr.M.Varunkumar, Advocate sr no 67693[27/5] KJ/CO KR/14/12 W.P.No.39162 of 2015