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Madras High CourtWP(MD)/17403/2020allowed

M.Palanisamy v. The Sup. Engineer

2023-09-07Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.14541 of 2020 M.Palanisamy ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Mannarpuram, Trichy.

2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Manapparai, Trichy District.

3.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Puthanatham, Manapparai Taluk, Trichy District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to reassess the Electricity charge for the month of October and November, 2020 in respect of service connection in S.C.No.06-251-003-308 is situated at No.190, Perumapatti Village, Pannapatti Post, Manapparai Taluk, Trichy District, based on the petitioner's representation dated 21.11.2020. For Petitioner : Mr.K.Arunraj For Respondents : Mr.S.Deenadhayalan, Standing Counsel.

ORDER

This Writ Petition is filed for Mandamus, directing the respondents to reassess the Electricity charge for the month of October and November, 2020 in respect of service connection in S.C.No.06-251-003-308 is situated at No.190, Perumapatti Village, Pannapatti Post, Manapparai Taluk, Trichy District, based on the petitioner's representation dated 21.11.2020.

2. The contention of the petitioner is that since 2005, he was running a Mill in western side of his house property. Due to Covid-19, the petitioner could not function the Mill from March 2020 to November 2020. However, the respondents have collected charges for the said period without any basis. Since 2/5

the petitioner is challenging the current consumption charges, as per Regulation 11(7) of Tamil Nadu Electricity Supply Code, the consumer has remedy and he has to approach the next higher authority.

3. Therefore, the petitioner is directed to submit a petition before the second respondent within a period of one (1) week from the date of receipt of a copy of this order and the second respondent shall consider the petitioner's application and pass appropriate order within a period of four (4) weeks therefrom. The second respondent shall grant personal hearing to the petitioner before concluding the proceedings.

4. In view of the above, this Writ Petition is allowed in above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Superintending Engineer, TANGEDCO, Mannarpuram, Trichy.

2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Manapparai, Trichy District.

3.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Puthanatham, Manapparai Taluk, Trichy District.

4/5

S.SRIMATHY, J.

Nsr 07.09.2023 5/5