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Madras High CourtWA/2814/2022disposed of

S.Sudhesh v. The Director General,

2025-09-16Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice Mohammed Shaffiq9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No.2814 of 2022 and CMP.No.22939 of 2022 & W.A.No.2816 of 2022 and CMP.No.22945 of 2022 W.A.No.2814 of 2022 S.Sudhesh ...

Appellant Vs.

1.The Director General, Bureau of Energy Efficienty, Ministry of Power, 4th Floor, SEWA Bhawan, R.K.Puram, New Delhi - 110 066.

2.The Chief Engineer, Central Electricity Authority, (Installation and Operation of Meters) Room No.628 N, SEWA Bhawan, R.K.Puram, New Delhi - 110 066.

3.The Chairman/Managing Director, Distribution Corporation, Anna Salai, Chennai - 2. 4.Thiru.P.Chinnathambi Superintendant Engineer, Krishnagiri, Krishnagiri District.

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5. Thiru.Ramachandran Executive Engineer, Hosur - 635 109, Krishnagiri District.

6. Thiru.K.Sethuraj Assistant Executive Engineer, Hosur - 635 109, Krishnagiri District.

7. Thiru.Manivel Assistant Engineer (O & M), Hosur - 635 109, Krishnagiri District.

8. The Chief Electrical Inspector to Government, Government Electrical Standards Laboratory, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

9.The Chairman, TNEB, Anna Salai, Chennai -2.

...

Respondents PRAYER : The Writ Appeal has been filed under Clause 15 of the Letters patent against the order of this Court dated 29.09.2021 in W.P.No.31571 of 2015.

For Appellant ...

Mr.T.Sundaravadanam For Respondent ...

Mr.B.Sudhirkumar Nos.1 & 2 Senior Panel Counsel 2/9

For Respondent ...

Mr.S.Madhusudanan Nos.3 & 9 Standing Counsel for (TNGEDGO) For Respondent ..

Mr.S.Senthilmurugan No.8 Spl.Govt.Pleader W.A.No.2816 of 2022 S.Sudhesh ...

Appellant Vs.

1.The Superintendent Engineer Krishnagiri, Krishnagiri District.

2.The Assistant Engineer (O & M) Hosur - 635 109, Krishnagiri District.

...

Respondents PRAYER: The Writ appeal has been filed under clause 15 of the Letters Patent against the order of this Court dated 29.09.2021 in W.P.No.29423 of 2014.

For Appellant ...

Mr.T.Sundaravadanam For Respondent ...

Mr.S.Madhusudanan Nos.3 & 9 Standing Counsel for (TNGEDGO) 3/9

COMMON JUDGMENT (The order of this Court was made by S.M.Subramaniam,J.,) Though the writ Court passed an order in favour of the appellant, the present intra-court appeals have been preferred mainly on the ground that the respondents are claiming surcharge amount in respect of the period, during which, the electricity meter was non functional. 2.The learned counsel appearing for the appellant would submit that the current consumption charges are being settled by the appellant punctually. However, in respect of the arrears of consumption charges claimed by the respondents for the period, during which, the meter was non operational, the respondents are presently claiming surcharge, which is impermissible.

3.The writ court considered the issues and directed the Assistant Engineer (O & M), TANGEDCO, Krishnagiri District to raise the demand on the appellant by providing all the details. The respondents shall also give some time to the appellant to make payment. In any case, the 4/9

appellant has to make the entire payment, within a period of eight weeks from the date of receipt of the demand from the respondents. Except giving his leverage, no further orders can be passed in the writ petition. While raising the demand, the respondents shall take into consideration the payments that have already been made by the appellant and give due credit for the same.

4.In this backdrop, the learned counsel for the appellant would contend that claiming surcharge amount is beyond the scope of the order passed by the writ Court. This Court is of the considered view that if at all any dispute exist or the appellant is aggrieved from and out of the demand made by the TANGEDCO, he has to approach the Consumer Grievance Redressal Forum constituted under Clause 18 of the Tamil Nadu Electricity Supply Code,2004 for redressal. The Forum is competent to adjudicate the issues on merits with reference to the demand, payments made and other details. Such an exercise cannot be undertaken by the Writ Court. Thus, the appellant is at liberty to approach the Consumer Grievance Redressal Forum constituted under clause 18 of the Tamil 5/9

Nadu Electricity Supply Code,2004 for redressal of the grievances, if any exist.

5.As far as the writ order is concerned, the learned counsel for the appellant would submit that the appellant continue to pay the current consumption charges as demanded and therefore, no further orders are required. Further, he would submit that conditional amount has been paid by the appellant.

6.With these observations, the writ appeals stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.J) (M.S.Q..J) 16.09.2025 Index : Yes/No Internet : Yes/No Speaking order/Non-Speaking order sms 6/9

To 1.The Director General, Bureau of Energy Efficienty, Ministry of Power, 4th Floor, SEWA Bhawan, R.K.Puram, New Delhi - 110 066.

2.The Chief Engineer, Central Electricity Authority, (Installation and Operation of Meters) Room No.628 N, SEWA Bhawan, R.K.Puram, New Delhi - 110 066.

3.The Chairman/Managing Director, Distribution Corporation, Anna Salai, Chennai - 2. 4.Thiru.P.Chinnathambi Superintendant Engineer, Krishnagiri, Krishnagiri District.

5. Thiru.Ramachandran Executive Engineer, Hosur - 635 109, Krishnagiri District.

6. Thiru.K.Sethuraj Assistant Executive Engineer, Hosur - 635 109, Krishnagiri District.

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7. Thiru.Manivel Assistant Engineer (O & M), Hosur - 635 109, Krishnagiri District.

8. The Chief Electrical Inspector to Government, Government Electrical Standards Laboratory, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

9.The Chairman, TNEB, Anna Salai, Chennai -2.

10. The Superintendent Engineer Krishnagiri, Krishnagiri District.

11.The Assistant Engineer (O & M) Hosur - 635 109, Krishnagiri District.

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S.M.SUBRAMANIAM,J., and MOHAMMED SHAFFIQ,J., sms W.A.No.2814 of 2022 and CMP.No.22939 of 2022 & W.A.No.2816 of 2022 and CMP.No.22945 of 2022 16.09.2025 9/9