Muthulakshmi S v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.19655 of 2021 S.Muthulakshmi ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Office of the Superintending Engineer, Race Course Road, K.Pudur, Madurai-625 007.

2.The Executive Engineer, TANGEDCO, Office of the Executive Engineer, TNEB Complex, Dindigul Main Road, Samayanallur, Madurai 625 402.

3.The Assistant Engineer TANGEDCO, Office of the Assistant Engineer, SS Complex, Koodal Nagar, Madurai 18.

...Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to reassess the error in calculating the Electricity bill for the month of December 2021 raised in respect of Electricity Connection in No. 05.172-022-1005 05 172-022-1004 and 05.172-022-1276 of the petitioner's residential house and impose the proper electricity charges for the actual consumption used by the petitioner. For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.S.Deenadayalan, Standing Counsel

O R D E R

This Writ Petition was filed for the issue of writ of mandamus directing the respondents to reassess the error in calculating the electricity bill for the month of December 2021 raised in respect of three electricity connections given to the residential house of the petitioner and to impose proper electricity charges for the actual consumption made by the petitioner.

2. The main grievance that was expressed by the petitioner is that the Electricity Board had installed new electricity digital meter during September 2021 and the petitioner found that the electricity bill was steadily increasing since then. For the month of December 2021, there was 2/6

an enormous increase in the number of units and as a result, a huge amount was demanded from the petitioner towards the three electricity connections that were given to the petitioner. Since the petitioner found that the demand was exorbitant, he made a representation to the respondents to reassess and to correct the error in calculating the dues. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. This Court wanted to ascertain as to whether there is any abnormality in the number of units that were recorded in the meter and the bill that was raised for collecting the electricity dues from the petitioner. Accordingly, this Court passed the following order on 04.01.2022. "At random, let the respondents take a reading of the three metres on a particular Monday and also verify the units used upto the next Monday, Let this exercise be done for two separate independent weeks running from Monday to Monday on two separate occasions and the reading of the meters may be presented before the Court.

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2. Call the matter again on 08.02.2022.

The petitioner may pay the previous month charge with respect to the three connections and let the respondents await further directions of this Court."

4. When the matter was taken up for hearing today, the Electricity readings that were taken on a random basis as directed by this Court was placed before this Court and for proper appreciation, the same is extracted hereunder:

S.No SC.No KWH Readings 10.01.22 17.01.22 24.01.22 31.01.22 1.

172-022-1004 6795.2 6813.0 6831.0 6851.4 2.

172-022-1005 3819.6 3867.0 3914.0 3965.3 3.

172-022-1006 3841.3 3846.0 3851.0 3855.0

5. On going through the above readings, this Court does not find any major discrepancies or exorbitant readings.

6. In view of the same, this Court cannot exercise its writ jurisdiction and go into the issue as to whether the meter readings were 4/6

properly made and the bills have been properly raised for three electricity service connections. There is a mechanism to deal with this problem provided under the Tamil Nadu Electricity Supply Code,. Insofar as the assessment of billing in cases where the meter is defective, the mechanism is provided under Clause 11 of the Tamil Nadu Electricity Supply Code. Insofar as the errors in billing is concerned, the mechanism is provided under Clause 12 of the Tamil Nadu Electricity Supply Code, 2004. If the petitioner is aggrieved by the meter reading and if the petitioner feels that there is an error in billing, the petitioner has to necessarily avail of the mechanism that is provided under Clause 11 / Clause 12 of the Tamil Nadu Electricity Supply Code, by making a representation / complaint before the concerned Authority. Except giving this liberty, no further orders can be passed in this Writ Petition.

7. This Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 23.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 5/6

N.ANAND VENKATESH, J tsg 23.11.2023 6/6