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Madras High CourtWP/12177/2014disposed of

Kannammal v. The Superintending Engineer,

2021-12-03Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.12177 OF 2014 AND M.P.NOS.1 & 2 OF 2014 Kannammal

...Petitioner

Vs 1.The Superintending Engineer Tamil Nadu Electricity Distribution Corporation (General) Tamil Nadu Electricity Board Tirupattur.

2.The Executive Engineer Operative and Maintenance Tamil Nadu Electricity Distribution Corporation Tirupatur.

3.The Assistant Executive Engineer Operative and Maintenance / South / TANGEDCO Tirupatur.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the proceedings of the third respondent herein Ka.en:Usepo/epa/the/thiru/ ko,mi.thi/en:005/2014, dated 04.04.2014 and to quash the same and consequently, direct the third respondent to repay the compoundable fee collected from petitioner.

For Petitioner :

Mr.K.Azhagarasan For Respondents :

Mr.L.Jaivenkatesh Standing Counsel for TNEB/TANGEDCO

O R D E R

The order dated 04.04.2014, ie., the final assessment order issued by the third respondent is under challenge in the present Writ Petition.

2.

The agricultural service connection provided was utilised by the petitioner for other purposes and accordingly, https://hcservices.ecourts.gov.in/hcservices/

an assessment order was passed demanding a sum of Rs.1,15,087/-, the petitioner has challenged the said order and this Court granted an interim order on condition to deposit 25% of the demanded amount.

3.

It is not made clear whether the conditional order has been complied with or not. However, the grounds raised by the petitioner deserves an elaborate adjudication with reference to the documents and evidences to be made available. Such an adjudication cannot be undertaken by the High Court in a writ proceedings. This apart under Regulation 18 of the Tamil Nadu Electricity Supply Code, the Consumer Grievances Redressal Forum is constituted for adjudication.

4.

Thus, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum for the purpose of resolving his grievances in the manner known to law. The period during which the Writ Petition was pending before this Court is to be taken into consideration for the purpose of condoning the delay if any, for filing such application before the Court. 5.

With the above said directions, this Writ Petition stands disposed of.

No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar vsg To 1.The Superintending Engineer Tamil Nadu Electricity Distribution Corporation (General) Tamil Nadu Electricity Board Tirupattur.

2.The Executive Engineer Operative and Maintenance Tamil Nadu Electricity Distribution Corporation Tirupatur.

3.The Assistant Executive Engineer Operative and Maintenance / South / TANGEDCO Tirupatur.

W.P.No.12177 of 2014 and M.P.Nos.1 & 2 of 2014 BP(CO) RVM(08/02/2022) https://hcservices.ecourts.gov.in/hcservices/