Ke Housing Pvt., Ltd., v. Tamil Nadu Generation and Distribution Corporation Limited (Tangedco)

Madras HC11 Jun 2024WP/7243/2021

Case brief

AI extract

What is this about?

The petition challenging an electricity bill that included arrears from a disconnected service connection was closed by the Court. The respondents were allowed to pursue recovery of the shortage amount via court proceedings.

What did the court decide?

Writ petition closed; respondents allowed to proceed to recover the shortage amount via legal proceedings.

Ke Housing Pvt., Ltd., Vs Tamil Nadu Generation and Distribution Corporation Limited (Tangedco) — Madras HC (2024) — LawSathi Research

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W.P.No.7243 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.06.2024

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.7243 of 2021 and W.M.P.No.7747 of 2021

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KE Housing Pvt. Ltd., No.18-B, Luz Avenue, Mylapore, Chennai – 600 004. Rep. by B.Ganesh

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...Petitioner

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-Vs-

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The Tamil Nadu Generation and Distribution Corporation Limited

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(TANGEDCO) Rep. by its Chairman and Managing Director, No.144, Anna Salai, Chennai – 600 002.

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The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited

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(TANGEDCO), CEDC/CENTRAL, MGR Salai, Valluvar Kottam SS Complex, Nungambakkam, Chennai – 600 034.

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The Executive Engineer/O & M, Tamil Nadu Generation and Distribution Corporation Limited

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(TANGEDCO) Tambaram/CEDC/SOUTH, Chennai – 45.

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https://www.mhc.tn.gov.in/judis

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Page 1 of 6

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W.P.No.7243 of 2021

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The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 09 – Chennai – South Region, 401 – South – 2 Circle, 312 Pallikara Section, 155 – Velachery Main Road II, (Towards Tambaram from corporation Office) ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the fourth respondent leading to the issuance of the impugned bill reading dated 16.02.2021 claiming a sum of Rs.5,75,967/- (Rupees five lakhs seventy five thousand nine hundred and sixty seven only) in TANGEDCO Service connection number 09-312-155-275 at S.No.315 (Part), Plot No.1/95, Devi Karumari Amman Nagar, Velachery Main Road, Pallikkaranai, Chennai – 600 100 and quash the same.

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For Petitioner : Ms.K.Sandhya

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For Respondents : Mr.L.Jaivenkatesh Standing Counsel

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ORDER

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This writ petition has been filed challenging the impugned bill reading dated 16.02.2021, claiming a sum of Rs.5,75,967/- (Rupees five lakhs seventy five thousand nine hundred and sixty seven only) in TANGEDCO Service connection number 09-312-155-275 for the https://www.mhc.tn.gov.in/judis Page 2 of 6

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W.P.No.7243 of 2021

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property situated at S.No.315 (Part), Plot No.1/95, Devi Karumari Amman Nagar, Velachery Main Road, Pallikkaranai, Chennai – 600 100.

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Initially, the petitioner company obtained four service connections in his name in which there was an audit inspection and it was found that in service connection No.09-312-155-274 there was a shortage due to the defect in meter and hence demand slip dated 07.06.2019, was issued to the petitioner for the said service connection for an amount of Rs.5,75,967/-. Subsequently, the respondents also raised demand to the petitioner by the communication dated 28.09.2018. However, the petitioner failed to pay the same and as such it was included along with current consumption charges for the service connection No.09-312-155-275 and made demand which is challenged under the present writ petition.

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Heard the learned counsel appearing on either side and perused the material placed before this Court.

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The only contention raised by the petitioner is that the

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arrears amount of Rs.5,75,967/- has been included in other service https://www.mhc.tn.gov.in/judis Page 3 of 6

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W.P.No.7243 of 2021

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connection 09-312-155-275 for the premises comprised in survey No.315 (part), Plot No.1/95, Devi Karumari Amman Nagar, Velachery Main Road, Pallikkaranai, Chennai, along with electricity consumption charges.

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In view of the interim order passed by this Court, the petitioner is regularly paying the electricity consumption charges in respect of the service connection No.09-312-155-275 and the electricity service connection was also restored by the respondents. Further there is no challenge in respect of the audit slip issued in respect of arrears of electricity charges for the service connection No. 09-312-155-274 (old service connection No.09-312-088-1165). In fact, the service connection No.09-312-155-274 was already disconnected.

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The learned Standing Counsel appearing for the respondents submitted that the impugned bill dated 16.02.2021 claiming the current consumption of service connection No.09-312-155-275, including shortage amount in respect of current service connection No. 09-312-155274, now has been withdrawn and the electricity service connection No.09-312-155-274 has also been restored in favour of the petitioner. Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.7243 of 2021

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The petitioner is also paying the electricity consumption charges as per

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the demand in respect of the service connection No.09-312-155-275.

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Recording the above submissions, the Writ Petition stands

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closed. However, the respondents are at liberty to proceed as against the petitioner to collect the shortage amount of Rs.5,75,967/- in respect of the service connection No.09-312-155-274, in accordance with law. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.

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11.06.2024

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Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No rts To

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The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Rep. by its Chairman and Managing Director, No.144, Anna Salai, Chennai – 600 002.

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https://www.mhc.tn.gov.in/judis

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Page 5 of 6

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W.P.No.7243 of 2021

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G.K.ILANTHIRAIYAN. J,

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rts

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The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), CEDC/CENTRAL, MGR Salai,

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Valluvar Kottam SS Complex, Nungambakkam, Chennai – 600 034.

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The Executive Engineer/O & M, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Tambaram/CEDC/SOUTH, Chennai – 45.

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The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited

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(TANGEDCO)

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09 – Chennai – South Region, 401 – South – 2 Circle, 312 Pallikara Section, 155 – Velachery Main Road II, (Towards Tambaram from corporation Office)

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W.P.No.7243 of 2021 and W.M.P.No.7747 of 2021

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11.06.2024

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https://www.mhc.tn.gov.in/judis

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Page 6 of 6

Ke Housing Pvt., Ltd., v. Tamil Nadu Generation and Distribution Corporation Limited (Tangedco)

Case brief

What is this about?

What did the court decide?

Ke Housing Pvt., Ltd., v. Tamil Nadu Generation and Distribution Corporation Limited (Tangedco)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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