M/S.Rmc Readymix (India) v. The Asst. Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.24118 of 2014 & M.P.Nos.1 and 2 of 2014 M/s.RMC Readymix (India) (A Division of Prism Cement Ltd.,) AC-26, SIDCO Industrial Estate, Thirumudivakkam, Chennai - 600 044.

Rep. by its Commercial Officer, Mr.M.Meenakshi Sundaram.

...Petitioner

Vs.

1. The Assistant Engineer, TANGEDCO,Kelambakkam, Chennai.

2. The Assistant Audit Officer, Audit Branch,TANGEDCO, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002. ...Respondents 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 proceedings of the first respondent unilaterally converting the petitioner's tariff from III-B to Tariff V and levying a huge sum of Rs.7,46,023/- pertaining to the petitioner's electricity service connection No.09577004513 at S.F.No.110, Kazhipattur Village, Padur Post, Chengalpattu Taluk, Kancheepuram District and quash the same and consequently direct the respondents to continue to collect the electricity consumption charges under Industrial Tariff viz., Tariff III-B.

For Petitioner : Mr.S.Thanka Sivan For Respondents : Mr.L.Jai Venkatesh Standing Counsel

ORDER

Heard Mr.S.Thanka Sivan learned counsel appearing for the petitioner; Mr.L.Jai Venkatesh, learned Standing Counsel appearing for the respondents and perused the materials https://hcservices.ecourts.gov.in/hcservices/

available on record.

2.The petitioner has filed the present Writ Petition to quash the impugned proceedings of the first respondent for converting the tariff of the petitioner from III-B, Tariff V and levying charge of Rs.7,46,23/- pertaining to its service connection bearing No.09577004513 at S.F.No.110, Kazhipattur Village, Padur Post, Chengalpattu Taluk, Kancheepuram District.

3. The learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents would state that the petitioner has to exhaust the alternative remedy provided under Section 18 of Tamil Nadu Electricity Code.

4. In the light of the above, the Writ Petition is closed granting liberty to the petitioner to approach the Consumer Grievance Redressal Forum and Ombudsman. It is represented by the learned counsel Mr.S.Thanga Sivan that the petitioner has deposited 30% of the demand to comply with the interim order granted by this Court in the Writ Petition. If the amount deposited, the respondents shall adjust the same for future consumption charges.

There is no order as to costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar r n s To

1. The Assistant Engineer, TANGEDCO,Kelambakkam, Chennai.

2. The Assistant Audit Officer, Audit Branch,TANGEDCO, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

W.P.No.24118 of 2014 & M.P.Nos.1 and 2 of 2014 GSM(CO) RGA(26/05/2022) https://hcservices.ecourts.gov.in/hcservices/