High Court disposed of a writ petition challenging an electricity bill entry demanding payment of an audit shortfall without prior notice. The court noted procedural lapses and remanded the matter to authorities.
Petition remanded to authorities for fresh consideration and disposal within 12 weeks after giving the petitioner sufficient hearing opportunities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.07.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No. 29344 of 2004
and
M.P.Nos. 35630 & 35631 of 2004
K.A.Jabbar ..Petitioner vs The Assistant Engineer Tamilnadu Electricity Board Operation & Maintenance/Tondiarpet Chennai 600 081. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Certiorarified Mandamus, to call for the records pertaining to entry 'Audit short fall' dated Nil in the Electricity Consumption Charges Card in A/c No. 11.08.188 (D.Chandrasekaran) on the files of the respondent herein, quash the same and to direct the respondent to continue to charge and receive the electricity consumption charges in Tariff III-A (Low Tension) as per the Tamil Nadu Revision of Tariff on supply of Electrical Energy Act 1978.
For Petitioner : Mr.Selvakumar For Respondent : Mr.P.R.Dhilipkumar
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O R D E R
The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to entry 'Audit short fall' dated Nil in the Electricity Consumption Charges Card in A/c No. 11.08.188 (D.Chandrasekaran) on the files of the respondent herein, quash the same and to direct the respondent to continue to charge and receive the electricity consumption charges in Tariff III-A (Low Tension) as per the Tamil Nadu Revision of Tariff on
supply of Electrical Energy Act 1978.
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III-A (Low Tension). Right from the said date and thereafter, the Electricity authorities are collecting the charges only by following Tariff III-A (Low Tension). Suddenly, on 07.10.2004, the respondent made an entry in the White Card, 'Audit Shortfall' Rs.41,870/- and asked the petitioner to pay the same, without even issuing any Show Cause Notice.
The respondent asked the petitioner to pay the said amount on or before 14.10.2004, failing which the petitioner's service connection would be terminated. Challenging the same, the present writ petition is filed.
submit that the petitioner was running a Tailor shop and was paying the electricity charges without any violation. However, the respondent has asked the petitioner to pay a sum of Rs.41,870/- as 'Audit Shortfall', even without giving a notice and also without informing the petitioner as to why the consumer has to pay the amount. Therefore, he would pray
that the respondent may be directed to charge for the units consumed by the petitioner and receive the electricity charges as before.
submit that the matter may be remanded back to the Authorities concerned, for fresh consideration and disposal.
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18.07.2019
Index:Yes / No Internet: Yes / No Speaking / Non-Speaking order kmm
To
The Assistant Engineer Tamilnadu Electricity Board Operation & Maintenance/Tondiarpet Chennai 600 081.
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M.DHANDAPANI, J.
kmm
W.P.No. 29344 of 2004
18.07.2019
K.A. Jabbar
The Assistant Engineer Tamilnadu Electricity Board Operation & Maintenance/Tondiarpet Chennai 600 081
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
