C.T.Chidambaram, v. Tamil Nadu Generation And Distribution Corporation (Tangedco)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.Nos.34509, 34706, 34707, 34711, 34712, 34715, 34722, 34734, 34736, 34740, 34742, 34746 and 34747 of 2024 and W.M.P.Nos. 37410, 37644, 37646, 37649, 37650, 37653, 37655, 37668, 37670, 37672, 37675, 37677 and 37679 of 2024 W.P.No.34509 of 2024:

C.T.Chidambaram ... Petitioner vs.

1.Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Represented by its Chairman, No 825, Ling Rd, Anna Salai, Triplicane, Chennai, Tamil Nadu - 600 002.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), CEDC South, Porur Circle, Chennai - 600116.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Final order Assessment Reference 1/4

No.Lr.No.AEE/O&M/Porur/ F. Notice/ D No.309/ 2024-25 Dated 30.10.2024 in Service Connection No.2310271965 issued by the 2nd Respondent quash the same as it lacks statutory justification and violates principles of natural justice and directing the Respondents to reclassify the property under the residential category for electricity tariff purposes, in line with the Resident Service Agreement that establishes the residential character of the premises and Consequently directing the 2nd respondent to restore the power supply.

For Petitioner : Mr.S.M.Vivekanandh (in all WPs) For Respondents : Mr.L.Jai Venkatesh Standing Counsel (TNEB) (in all WPs) C O M M O N O R D E R These Writ Petitions are filed challenging the order passed by the 2nd respondent making a demand for payment of electricity consumption charges for unauthorised use under Section 126 of the Electricity Act, 2003.

2. Against the Final Assessment Order issued under Section 126 of the Electricity Act, 2003, an appeal will lie before the Superintending Engineer/Appellate Authority under Section 127(2) of the Electricity Act, 2/4

2003. In view of the availability of alternative remedy of appeal, this Court is not inclined to entertain these writ petitions.

3. Accordingly, the Writ Petitions are dismissed with liberty to the petitioner to challenge the same before the Appellate Authority, within a period of two weeks from the date of receipt of copy of this order. No coercive steps shall be taken by the respondents against the petitioner for a period of two weeks. No costs. Consequently, the connected writ miscellaneous petitions are closed.

25.11.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No 825, Ling Rd, Anna Salai, Triplicane, Chennai, Tamil Nadu - 600 002.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), CEDC South, Porur Circle, Chennai - 600116.

3/4

S.SOUNTHAR, J.

dm W.P.Nos.34509, 34706, 34707, 34711, 34712, 34715, 34722, 34734, 34736, 34740, 34742, 34746 and 34747 of 2024 25.11.2024 4/4