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Madras High CourtWP/17441/2024disposed of with direction

V.Palanivel v. The Superintending Engineer

2025-11-18Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.19227 of 2024 V.Palanivel S/o.Vettrayagounder, No.3/238, Ballenahalli, Hanumanthapuram, Kareemangalam Taluk, Dharmapuri District.

Petitioner(s) Vs

1. The Superintending Engineer TANGEDCO, Dharmapuri District.

2.The Assistant Engineer (O & M) TANGEDCO, Karimangalam Town and Taluk, Dharmapuri District.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent dated 28.05.2024 made in Ka.No.U. Po/E.Tha.Pa/ Ki/ Kari/ A.No.076/ 24, and to quash the same and consequently directing the respondents to return the fine amount paid by the petitioner within a stipulated time that may be fixed by this Hon'cle Court forthwith. For Petitioner(s):

Mr.C.Prabakaran For Respondent(s):

Ms.Daniel Mary

ORDER

This writ petition is filed to call for the records relating to the impugned order passed by the respondent dated 28.05.2024 made in Ka.No.U. Po/E.Tha.Pa/ Ki/ Kari/ A.No.076/ 24, and to quash the same and consequently directing the respondents to return the fine amount paid by the petitioner within a stipulated time that may be fixed by this Hon'cle Court forthwith. 2.The case of the petitioner is that the petitioner is the owner of the property comprised in Sy.no.222/2 situated at Hanumanthapuram Village, Karimangalam Taluk, Dharmapuri District measuring to an extent of 3.75 cents attached with well and 5 HP Electric Motor with electricity service connection thereon and is also the owner of the nearby property at Sy.No.250/1A at Hanumanthapuram Village. While so, on 02.04.

2024, the officials attached with the 2nd respondent office intercepted the petitioner's tractor, by which the petitioner was taking water from the well at one of his property to the other land for cultivation and imposed a fine of Rs.40,000/- for unauthorised supply of water from the well through electric motor, as if the electricity service connection was used for commercial purpose. However, in order to avoid difficulty, the petitioner paid them the same amount on 04.04.2024 on 10.04.2024. The petitioner thereafter, made a representation on 29.04.2024 to the respondents to direct the Electricity Board Officers to return the fine amount of Rs.40,000/- paid by the petitioner.

impugned order dated 28.05.2024 directed the petitioner to pay the remaining fine amount and had also subsequently, disconnected the electricity service connection provided to petitioner. Challenging the same, the present writ petition has been filed with the above said prayer. 3.The learned counsel for the petitioner would submit that during the pendency of the writ petition, the fine amount demanded by the respondent vide the impugned order dated 28.05.2024 was paid by the petitioner and subsequently, the electricity service connection was also restored. However, the learned counsel for the petitioner prayed that a direction be issued to the respondent to refund the fine amount paid by the petitioner, since the electricity supply connection was not used for commercial purpose. 4.

Per contra, the learned counsel for the respondent would submit that as against the demand made by the respondent TANGEDCO vide the impugned order dated 28.05.2024, there is an effective appeal remedy available to the petitioner before the Consumer Grievance Redressal Forum and hence, the petitioner be directed to approach said Forum for appropriate remedy. 5.Since an effective appeal remedy is available to the petitioner before the Consumer Grievance Redressal Forum, the petitioner can canvass all his points before the CGRF for appropriate remedy.

6.In view of the above, the writ petition is disposed of, with liberty to the petitioner to approach the Consumer Grievance Redressal Forum, for appropriate remedy, in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

18-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Superintending Engineer TANGEDCO, Dharmapuri District.

2.The Assistant Engineer (O & M) TANGEDCO, Karimangalam Town and Taluk, Dharmapuri District.

M.DHANDAPANI J.

Tsg 18-11-2025