Madras High CourtWP/29265/2014dismissed

S.Sivapalani, v. The Superintending Engineer

2022-03-18Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.29265 of 2014 & M.P.No.1 of 2014 S.Sivapalani

...Petitioner

Vs.

1.The Superintending Engineer, Electricity Department, Government of Puducherry, Puducherry.

2.The Superintending Engineer-III, Electricity Department, Government of Puducherry, Puducherry.

3.The Executive Engineer-I, Electricity Department, Government of Puducherry, Puducherry.

4.The Assistant Executive Engineer, Town I, Electricity Department, Government of Puducherry, Puducherry.

5.The Junior Accounts Officer, Revenue I, Electricity Department, Government of Puducherry, Puducherry.

6.The Junior Engineer, Electricity Department, Government of Puducherry, Puducherry.

7.S.Muruvappan

...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 pursuant to the impugned demand notice dated 14.10.2014 under Ref.No.12/ED/Rev-1/S-I/20142015/2535 issued by the fifth respondent, and quash the same and consequently, directing the respondents 1 to 6 not to demand consumption charges due from the petitioner herein in respect of consumer policy No.03-12-02-160/A1.

For Petitioner : Mr.R.Thiagarajan For Respondents : Mrs.V.Usha Additional Government Pleader (Puducherry) for R1 to R6 Mr.M.Venkata Krishnan for R7

ORDER

This Writ Petition has been filed challenging the order passed by the fifth respondent, wherein, the petitioner was directed to pay the outstanding due of Rs.14,41,286/-.

2. The learned Additional Government Pleader appearing for the respondents would submit that as against the impugned order, the petitioner has got an alternative remedy of filing appeal before the Consumer Grievance Redressal Forum and Ombudsman and the petitioner without exhuasting the same, approached this Court by way of present Writ Petition, as held by the Hon'ble Apex Court in the case of Maharashtra State Electricity Distribution Co. Ltd., Vs. Lloyds Steel Industries Ltd in [(2007) 7 Supreme 152 (equivalent citation: (2007) 8 SCC 381].

3. In the light of the above, the Writ Petition is disposed of with liberty to the petitioner to exhaust the alternative remedy. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Superintending Engineer, Electricity Department, Government of Puducherry, Puducherry.