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Madras High CourtWP(MD)/2987/2026allowed

M.Muthupandeeswari v. The Chairman Consumer Grievance Redressal Forum,

2026-02-03Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2987 of 2026 and W.M.P(MD)No.2477 of 2026 M.Muthupandeeswari

...Petitioner

Vs

1. The Chairman Consumer Grievance Redressal Forum, Madurai Distribution Circle, K.Pudur, Madurai.

2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai Distribution Circle, Madurai.

3. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai East.

4. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the order passed by the 1st respondent in Ka.No.Thalaivar/LaLiNuKuTheeLa/Madhu/Seya/ Ko.LiNuKuTheeLa.Aanai/2025/A.No.91/2026 dated 12.01.2026 and quash the same as it is arbitrary and illegal.

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For Petitioner : M/s.R.Suriya Narayanan For Respondents : Mr.S.Deenadhayalan Standing Counsel * * * * *

ORDER

The present writ petition has been filed challenging the order passed by the first respondent herein on 12.01.2026 wherein the Appellate Authority has confirmed the order passed by the original authority relating to imposition of penalty for exceeding the sanctioned limit of 112 KW.

2. According to the learned Counsel appearing for the writ petitioner, she had received notice from the appellate authority dated 21.05.2025 directing her to appear on 28.05.2025. However, due to her health condition, she could not appear on that day and she has sought adjournment. Another notice was addressed to the writ petitioner on 12.08.2025 directing her to appear on 20.08.2025. Due to ill health of her family member, she could not appear and she had sought for an adjournment and the said request was acceded to. A final notice was addressed to the petitioner on 06.12.2025 directing her to appear on 12.12.2025.

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3. According to the learned Counsel appearing for the writ petitioner, this notice was received by her only on 15.12.2025. Immediately on 16.12.2025, she had informed to the first respondent to the said effect. However without issuing any further notice or informing about any date of hearing, the order impugned in the writ petition has been passed on 12.01.2026. Hence the present writ petition.

4. A perusal of the records reveal that the notice dated 06.12.2025 is said to have been received by the petitioner only on 15.12.2025 and she had also communicated the same to the first respondent on 16.12.2025. Without considering the letter of the petitioner dated 16.12.2025, the first respondent has proceeded to pass the impugned order as if the petitioner has not appeared on 12.12.2025. The reason assigned by the writ petitioner in her communication dated 16.12.2025 has not been taken into consideration. Therefore, it is clear that the order impugned in the writ petition has been passed in violation of principles of natural justice. Therefore, the order impugned in the writ petition is hereby set aside and the matter is remitted back to the file of the first respondent herein and he is at liberty to issue fresh notice to the writ petitioner and after giving due opportunity, orders may be passed on merits and in 3/5

accordance with law.

5. With the above said observations, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is also closed. 03.02.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The Chairman Consumer Grievance Redressal Forum, Madurai Distribution Circle, K.Pudur, Madurai.

2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai Distribution Circle, Madurai.

3. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai East.

4. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Madurai.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.2987 of 2026 03.02.2026 5/5