Madras High CourtWP/30119/2022disposed of with direction

Padmini Saravanan v. The Chairman

2024-10-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Padmini Saravanan .. Petitioner

Versus

1.THE CHAIRMAN Tamilnadu Generation and Distribution Corpn. Ltd., 10th Floor NPKRR Maligai, 144, Anna Salai, Chennai-02.

2. TAMIL NADU ELECTRICTY OMBUDSMAN, 4th floor, SIDCO Corporate office building, Thiru-vi-Ka Industrial Estate, Guindy, Chennai-32. 3.THE SUPERINTENDENT OF ENGINEERING (SE), Ambattur Division, Thirumangalam, Chennai-40.

4. THE EXECUTIVE ENGINEER E.B/ Ambattur 3rd Main Road, Ambattur, Chennai-58.

5. THE ASSISTANT ENGINEER O AND M, Kallikuppam Se.Mi.pa.Va/West, Chennai-53.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certified Mandamus, calling for the records of the 5th respondents order in Ka.No.Vu.Po/O&M/Lallikuppam/Co-General/A. No. 194/2022-23 dated 20.10.2022 and quash the same and consequently direct the 5th respondent to restore the electricity to the petitioners residence. 1/5

For Petitioner : Mr.R.Karunagaran For Respondents : Mr.L.Jai Venkatesh

ORDER

This writ petition is filed challenging the order of the 5th respondent in Ka. No. Vu. Po / O & M/ Lallikuppam/ Co-General/ A.No.194/ 2022-23 dated 20.10.2022 and quash the same and consequently direct the 5th respondent to restore the electricity to the petitioners residence.

2. The case of the petitioner is that the petitioner is residing the subject property. During the year 2020, she preferred a complaint to test the meter for exorbitant billing. While, the fifth respondent sent the impugned communication to pay the amount of Rs.79,634/- and further on 06.11.2022 suspended the petitioner's electricity connection. Challenging the same, the present writ petition.

3. Learned counsel appearing for the petitioner submits that, the petitioner has already paid Rs.40,000/- as per the direction of this Court dated 14.11.2022 and the petitioner is ready to pay the balance amount of Rs.38,687/- by way of instalments as demanded by the respondent. 2/5

4. Learned Standing Counsel appearing for the respondents has no serious objection for the said order being passed and submitted that apart from Rs.38,687/-, there are CC Charges to the tune of Rs.31,466/- totalling to the tune of Rs.70,153/-.

5. Heard both sides and perused the materials placed on record.

6. Considering the limited request made by the learned counsel for the petitioner, this court, without interfering with the order impugned, directs the petitioner to pay a sum of Rs.70,153/- to the respondent by way of five instalments. Further, the petitioner is directed to pay a sum of Rs.14,153/- as first instalment to the respondents on or before 07.11.2024 and upon receipt of payment of the first instalment. The second, third, fourth and fifth instalments to the tune of Rs.14,000/- each shall be paid on or before 07.12.2024, 07.01.2025, 07.02.2025 and 07.03.2025 respectively. It is made clear that the respondents shall close the file as against the petitioner without insisting for BPSC charges. The respondents are also directed to check the meter box whether the meter box is functioning property, if not, replace the meter box. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of 3/5

this Order.

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 15.10.2024 Internet: Yes/No Index: Yes/No dhk To 1.THE CHAIRMAN Tamilnadu Generation and Distribution Corpn. Ltd., 10th Floor NPKRR Maligai, 144, Anna Salai, Chennai-02.

4. THE EXECUTIVE ENGINEER E.B/ Ambattur 3rd Main Road, Ambattur, Chennai-58.

5. THE ASSISTANT ENGINEER O AND M, Kallikuppam Se.Mi.pa.Va/West, Chennai-53.

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M.DHANDAPANI, J.

dhk 15.10.2024 5/5