Madras High CourtWP(MD)/5662/2011disposed of

Nallamuthammal v. The Assistant Engineer

2021-02-10Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.5662 of 2011 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5662 of 2011 and M.P.(MD)No.2 of 2011 Nallamuthammal ... Petitioner Vs.

The Assistant Engineer, Tamil Nadu Electricity Board, Karaikudi (Town/North), Karaikudi, Sivagangai District. ... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order made in Ka.No.Vu.Mi.Po/Na/Va/Karai/Ko.1/Va.me/Mi.E/A.No. dated 11.04.2011 on the file of the respondent and quash the same. For Petitioner : Mr.V.Kannan For Respondent : Mrs.M.Parameshwari, for Mr.S.M.S.Johny Basha, Standing counsel.

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O R D E R

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent.

2. The writ petitioner is running a hotel. The stand of the respondent is that the meter installed in the petitioner's premises was defective and that it did not display the correct reading. Therefore, the impugned demand came to be served on the petitioner. Questioning the same, this writ petition has been filed.

3. I am of the view that the petitioner can as well avail remedy before the Consumer Grievance Redressal Forum.

4. Therefore, I dispose of the writ petition by permitting the petitioner to file a petition before the jurisdictional Consumer Grievance Redressal Forum. If such a petition is filed within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5662 of 2011 and period of four weeks from the date of receipt of a copy of this order, the said Forum will entertain the same without reference to limitation and any other issue with regard to maintainability.

5. The petitioner contended that Regulation 11 of Tamil Nadu Electricity Supply Code, 2004 has been breached in the instant case.

6. I therefore direct the respondent to keep the impugned demand in abeyance till the petition to be filed by the petitioner herein before the Forum. If the petitioner fails to file such a petition within the aforesaid period, this order now passed by this Court would stand vacated. All the contentions of the petitioner are left open. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Assistant Engineer, Tamil Nadu Electricity Board, Karaikudi (Town/North), Karaikudi, Sivagangai District.

Order made in W.P.(MD)No.5662 of 2011 and M.P.(MD)No.2 of 2011 10.02.2021 KUN(CO) SRS (08/03/2021) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2