Devairakkam v. The Assistant Executive Engineer (Distribution)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.14880 of 2025 & W.M.P(MD)No.11172 of 2025 Devairakkam ..Petitioner Vs 1.The Assistant Executive Engineer (Distribution), TANGEDCO, Thisayanvilai, Tirunelveli District.
2.The Junior Engineer, Distribution/Rural, TANGEDCO, Thisayanvilai, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to consider the representation dated 16.04.2025 and to modify the bill dated 10.04.2025 for the electronic connection of the petitioner house in Consumer No.070730051500 by confining it to the usage of the connection alone.
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For Petitioner : Mr.P.T.Ramesh Raja for Mr.K.Vignesh For Respondents : Mr.S.Deenadhayalan Standing Counsel
ORDER
This writ petition is filed seeking issuance of a Writ of Mandamus to direct the second respondent/Junior Engineer, Distribution/Rural, TANGEDCO, Thisayanvilai, Tirunelveli District, to consider the representation of the petitioner dated 16.04.2025 and to modify the bill dated 10.04.2025 for the electronic connection of the petitioner's house in Consumer No. 070730051500 by confining it to the usage of the connection alone.
2. It is the specific case of the petitioner that the petitioner has two electricity service connections. The first connection, viz., Consumer No. 07-073-005-1529, is related to the agricultural tariff 3a(1) for agricultural purposes, in respect of which the petitioner has arrears of Rs.60,000/-. However, the respondents have added several other amounts and demanded a sum of Rs. 1,35,529/-. It is the specific case of the petitioner that there is no scope for demanding the same in adjusting the amount from the petitioner for the other domestic connection bearing Consumer No. 070730051500. 2/6
3. The learned standing counsel appearing for the respondents, on the other hand, drew my attention to Rule 17(8) of the Tamil Nadu Electricity Supply Code. As per which, the respondents are entitled to include the arrears and recover the amount due where there is more than one service connection.
4. With the consent of the learned counsel for the petitioner and the learned standing counsel for the respondents, this writ petition is disposed of after referring to Rule 17(8) of the Tamil Nadu Electricity Supply Code. Rule 17(8) of the Tamil Nadu Electricity Supply Code reads as follows:
"(8) Where any consumer has more than one service connection, if he defaults in the payment of dues relating to any one of the service connections that includes dues pointed out by validated audit, charges, due to theft of energy, unauthorised use of electricity, violation, dues relating to deposit constitution works, etc., the Licensee may include such dues in other services connection(s) in the name of the consumer and cause those service connection(s) to be disconnected after issuing proper notice with working sheet and quoting the authority under which such dues are payable, till all the arrears due for all the service connections are paid, notwithstanding the fact that the 3/6
service connections are covered under separate agreements."
5. A reading of the above-said rule indicates that the powers were vested with the second respondent to include dues in respect of one connection to recover the same from the other connection where there is more than one service connection. However, they have to issue a show-cause notice with a working sheet and quote the authority under which such dues are payable, till all the arrears due for all the service connections are paid. Thus, it cannot be argued by the learned counsel for the petitioner that there is no scope for demanding the aforesaid amount of Rs. 1,35,529/- from the petitioner for the service connection No. 07-073-005-1529 from the due under service connection No. 070730051500, which is a domestic service connection.
6. The statement of the learned counsel for the petitioner that the petitioner will pay the amount of Rs.60,000/- without prejudice to the rights of the petitioner, stands recorded.
7. The petitioner shall therefore pay the aforesaid amount of Rs. 60,000/- within a period of 30 days from today. 4/6
8. The respondents shall issue appropriate notice as contemplated under Rule 17(8) of the Tamil Nadu Electricity Supply Code and thereafter proceed to recover the balance amount. Subject to the deposit of the aforesaid amount, the domestic connection of the petitioner shall not be disconnected.
9. With the above direction this writ petition is disposed of. No costs. Consequently, connected WMP is closed. 02.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 5/6
C.SARAVANAN, J.
skn Writ Petition(MD)No.14880 of 2025 02.06.2025 6/6