A.Anwhar Raajhaa v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10499 of 2020 A.Anwhar Raajhaa ... Petitioner Vs.

1.The Superintending Engineer, Ramanathapuram Electricity Distribution Circle, Ramanathapuram.

2.The Assistant Engineer (Distribution), Utchipuli, Ramanathapuram District.

3.The Electrical Inspector, Public Works Department, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to replace the meter fixed in Puratchi Thalaivar Dr.M.G.R. Teacher Training Institute, Kalkinatruvalasai, Ramanathapuram District with a new one and send the old meter to the third respondent and direct him to test the meter fixed in the electricity service connection bearing No.05-309-001-505. For Petitioner : Mr.J.Barathan for Mr.T.R.Jeyapalam For Respondents : Mrs.M.Rajeswari for Mr.S.M.S.Johnny Basha Standing Counsel

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The writ petitioner is the correspondent of the petition mentioned institution. It is enjoying electricity service 1/3

connection. The case of the petitioner is that on account of some defect in the meter, the meter reading had shown exorbitant consumption during the month of March 2020. The petitioner complained to the authorities that the meter is defective. The grievance of the petitioner is that without conducting a proper test, the authorities have taken a mechanical stand that the meter is in a good condition.

3.The petitioner now wants two reliefs from this Court. Firstly, he wants the existing meter to be changed. The second relief is that the defective meter should be sent for second testing.

4.I am of the view that no exception can be taken to the said request. But then, the learned Standing Counsel would point out that the petitioner has to bear the charges.

5.The learned counsel for the petitioner, on instructions, states that the petitioner would bear the charges. 6.Recording the said submission, I direct the respondents to replace the existing meter with a new one. The disputed meter would be sent for testing to the Chief Electrical Inspector to Government, Chennai without any delay. It is open to the second respondent to raise the bill for both the requests of the petitioner and the same will be complied with without any delay.

7.The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 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 1.The Superintending Engineer, Ramanathapuram Electricity Distribution Circle, Ramanathapuram.

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2.The Assistant Engineer (Distribution), Utchipuli, Ramanathapuram District.

3.The Electrical Inspector, Public Works Department, Madurai.

+1 CC to Mr.T.R. JEYAPALAM, Advocate ( SR-18009[F] dated 24/09/2020 ) and W.M.P.(MD)No.10499 of 2020 23.09.2020 VB (05.10.2020) 3P 5C 3/3