G.Bharadwaj v. The Superintending Endingeer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.M.P.Nos.43023 ad 43024 of 2024 G.Bharadwaj ... Petitioner vs.
1.The Superintending Engineer CEDC(West) TANGEDCO, Thirumangalam, Chennai 600 040.
2.The Executive Engineer TANGEDCO, 1100, 5th, H Block 11th Main Road, Anna Nagar, Chennai 600 040.
3.The Assistant Engineer TANGEDCO, Chetpet Sub Station Chennai 600 031 ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to demerge the service connections bearing Nos. 165.001.50, 165.001.51 and 165.001.803 and also to forbear the respondents from disconnecting or interfering with the said service connections installed in petitioner residence bearing No. 24/1 (New No 53) harrington Road, chetpet, chennai 600 031 until such decision to de-merge the service connection is rendered by the 1/6
respondent according to law and procedure on considering the representations of the petitioner dated 12.08.2024, 23.10.2024 and 04.11.2024 For Petitioner : Mr.M.Sriram For Respondents : Mr.L.Jai Venkatesh Standing Counsel (TNEB)
O R D E R
The petitioner herein seeks a direction to respondents to de-merge the service connections bearing Nos. 165.001.50, 165.001.51 and 165.001.803 and also forbear the respondents from disconnecting or interfering with the said service connections installed in the petitioner's residential building bearing No. 24/1 (New No 53), Harrington Road, Chetpet, Chennai 600 031 until such decision to de-merge the service connection is rendered by the respondents in accordance with law.
2. It is the case of the petitioner that he is a owner of the above mentioned premises and the premises is consisting three floors namely Ground floor, 1st floor and 2nd floor. Each of the floors are having separate service connections with separate meters. The petitioner is in occupation of 1st floor and the tenants are in occupation of ground and the 2nd floor. All 2/6
along, the electricity bill has been paid separately for all three service connections. Suddenly, in the months of June and July, the respondents clubbed the three service connections and raised a consolidated bill. The same was done by the respondents without any notice to the petitioner.
3. The learned counsel for the petitioner vehemently contended that when three service connections were given to separate portions and each portion are in possession of different tenants, the respondents are not justified in clubbing all three service connections and raise a single bill. Therefore, the petitioner submitted various representations to the respondents seeking de-linking of the service connections. The last of the representation was submitted by the petitioner on 04.11.2024 before the 2nd respondent and the same has not been considered till date. Therefore, the petitioner has come before this Court.
4. The learned Standing Counsel(TNEB), who takes notice for the respondents, on written instructions from the 3rd respondent, submits that he has inspected the premises and received the documents produced by the petitioner to establish their case. The documents produced by the petitioner 3/6
were submitted for consideration before the higher officials. The said statement made by the learned Standing Counsel(TNEB) is recorded.
5. In view of the said statement made by the learned Standing Counsel(TNEB) for the respondents, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 04.11.2024 and pass final orders on its' own merits on or before 31.01.2025. 6.The learned counsel for the petitioner submits that respondents raised a bill for payment of Rs.44,475/- for the month of October and November, 2024 and by virtue of interim order passed by this Court, the petitioner paid 50% of the said amount by way of Demand Draft.
7. In view of the compliance of the interim order passed by this Court, the respondents are directed not to dis-connect the service connections till the disposal of the representation. 4/6
8. With the above directions, the Writ Petition stands disposed of. No costs.
06.01.2025 Index:Yes/No Internet:Yes/No nr Note:Issue order copy on 10.01.2025 To 1.The Superintending Endingeer CEDC(West) TANGEDCO, Thirumangalam Chennai 600 040 2.The Executive Engineer TANGEDCO 1100, 5th H Block 11th Man Road, Anna Nagar, Chennai 600 040 3.The Assistant Engineer TANGEDCO, Chetpet Sub Station Chennai 600 031 5/6
S.SOUNTHAR, J.
nr W.P.No.39728 of 2024 and W.M.P.Nos.43023 ad 43024 of 2024 06.01.2025 6/6