Jayalakshmi.A v. The Executive Engineer (Operation And Maintenance)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7435 of 2022 A.Jayalakshmi ... Petitioner Vs.

1.The Executive Engineer (Operation & Maintenance) Tamil Nadu Power Generation and Distribution Corporation (TANGEDCO) Aranthangi, Pudukkottai District.

2.The Assistant Executive Engineer (Operation & Maintenance) Tamil Nadu Power Generation and Distribution Corporation TANGEDCO, Aranthangi, Pudukkottai District.

3.The Assistant Engineer (Operation and Maintenance) Tamil Nadu Power Generation and Distribution Corporation TANGEDCO, Manamelkudi, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings of the 2nd respondent in Ka.No.U.Se.Po/E.Ka/Gra/Ara/Ko.Audit/A.No.233/2022 dated 11.05.2022 and quash the same.

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For Petitioner : Mr.R.Prasanna For Respondents : Mr.S.Deenadhayalan

ORDER

Heard the learned counsel on either side.

2. The petitioner is engaged in prawn farming. According to him, consumption of electricity for this activity will not be uniform throughout the year. It will be high during cultivation season. It will be low after the harvest season. The petitioner's meter turned out to be defective. Hence, the petitioner applied to the authorities for proper assessment. The question that arises in this case is which of the four months should be taken into consideration. The petitioner would state that four months after the harvest would be taken into account.

3.TANGEDCO officials are of the view that four months during cultivation season should be taken into account. Clause 11 of the Tamil Nadu Electricity Supply Code provides that if the consumer is not satisfied with the assessment of the higher-level officer, he can always go to the Consumer 2/4

Grievance Redressal Forum. The petitioner is permitted to move the said forum within three weeks from the date of receipt of a copy of this order. If such petition is filed, it will be entertained without reference to limitation. The impugned demand shall be put on hold and kept in abeyance till the disposal of the proceedings by the said forum. If the petitioner fails to avail this remedy, the benefit of this order would stand automatically vacated.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

20.10.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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