M.Ashok Kumar Vs the Assistant Executive Engineer — Writ and Judicial Review | Madras HC (2025)

M.Ashok Kumar Vs the Assistant Executive Engineer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner may approach the Consumer Grievance Redressal Forum within two weeks; upon payment of the first installment of 25% of the impugned demand plus December 2024 consumption charges within one week, the respondent shall restore the power connection; a second 25% installment is payable within five weeks, failing which the respondent may disconnect supply; receipts to be produced before the Forum, which shall pass final orders on merits within four weeks. No costs.

Issue for consideration

Whether the petitioner's grievance regarding the working of the meter and the calculation made by the respondent should be entertained by this Court in the writ petition, or pursued before the Consumer Grievance Redressal Forum under Regulation 18 of the Tamil Nadu Electricity Supply Code. +1 more

Court's answer

If the petitioner has any grievance with regard to the working of the meter or the calculation made by the respondent, it is for him to approach the Consumer Grievance Redressal Forum under Regulation 18 of the Tamil Nadu Electricity Supply Code, and therefore the Court is not inclined to entertain the writ petition.

Ratio / Principle

The petitioner is given liberty to approach the Consumer Grievance Redressal Forum within two weeks and is directed to pay the first installment of 25% of the impugned demand amount together with the actual current consumption charges for December 2024 within one week; on such payment the respondent shall restore the power connection, and failure to pay the second installment of 25% will entitle the respondent to disconnect the power supply.

Key takeaways

On production of the payment receipts, the petitioner's complaint shall be taken into consideration and final orders shall be passed on merits by the Consumer Grievance Redressal Forum within a further period of four weeks from the date of production of the receipts.ratio¶35

Detailed headnote1 paragraphs

Electricity - TANGEDCO - Demand for Rs.1,19,439/- towards actual consumption charges (August 2023 to October 2024) based on units recorded in the meter, following Meter Relay Testing which found the replaced meter (installed 31.07.2023) to be working properly - Writ of Certiorari under Article 226 sought against order dated 04.12.2024 - Held: grievances as to the working of the meter or the calculation made by the respondent are to be pursued before the Consumer Grievance Redressal Forum under Regulation 18 of the Tamil Nadu Electricity Supply Code; the Court declined to entertain the writ petition and disposed of it with directions - petitioner to approach the Forum within two weeks, pay two installments of 25% of the impugned demand plus December 2024 consumption charges (power supply to be restored on payment of the first installment), and produce receipts, upon which the Forum shall pass final orders on merits within four weeks - Non-payment of the second installment entitles the respondent to disconnect supply. (S.Sounthar, J.; 21.01.2025)

W.P.No.1136 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

W.P No.1136 of 2025

M.Ashok Kumar ...Petitioner Vs. The Assistant Executive Engineer TANGEDCO, O And M/North /CEDC, Thiruninrayur- 602 024. ....Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in respect of the impugned order dated 04.12.2024 for the service connection No. 555-0123861 issued by the respondent to quash the same.

For Petitioner : Mr.D.Gopinathan For Respondent : Mr. L.Jai Venkatesh Standing Counsel (TNEB)

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O R D E R

The writ petition is filed challenging the impugned order passed by the respondent directing the petitioner to pay a sum of Rs.1,19,439/- towards actual consumption charges for a period from August 2023 to October 2024 .

It is the case of the petitioner that he is residing in Door No.461B, Prakash Nagar, 12^th Cross Street, Nemilychery, Thiruninrayur and he was provided with electricity service connection in Connection No.555-012- 3861 under Tarrif of LA1A-domestic. The meter installed in the petitioner's premises was found to be defective. Therefore, at the request made by the petitioner, a new meter with meter No.LW-01411230 05/2023 was installed on 31.07.2023. Thereafter, the petitioner has been paying electric consumption charges regularly. During October 2024, the petitioner found the meter reading noted by the respondent was very high and a complaint was made by the petitioner. The petitioner also made an oral request to replace the faulty meter. The respondent subjected the faulty meter for Meter Relay Testing(MRT) and found that meter was working properly. Therefore, the impugned order was

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passed directing the petitioner to pay a sum of Rs.1,19,439/- towards actual current consumption charges based on the units recorded in the meter for a period from August 2023 to October 2024. Aggrieved by the same, the petitioner has come before this Court.

The learned counsel for the petitioner submits that right from the date of installation of the new meter on 31.07.2023, the petitioner has been regularly paying current consumption charges as noted by the Assessing Officer of the respondent and hence, the fresh demand made by the respondent as per the impugned order is untenable in law.

4. Mr. L.Jai Venkatesh, learned Standing Counsel (TNEB), who takes notice for the respondent, on instructions, submits that the assessment was not properly made by the A ssessment Officer. Based on the readings found in the meter installed in the petitioner's premises, the impugned demand was made for payment of actual consumption charges after deducting the amount already paid by the petitioner.

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If the petitioner has any grievance with regard to the working of the

meter or the calculation made by the respondent, it is for him to approach the Consumer Grievance Redressal Forum under Regulation 18 of Tamil Nadu Electricity Supply Code. Therefore, this Court is not inclined to entertain this writ petition.

The learned counsel for the petitioner also submits that due to non-

payment of the amount as demanded by the respondent under impugned order, the respondent has dis-connected the electricity service connection.

The learned Standing Counsel (TNEB) for the respondent further

submits that the petitioner not only failed to pay the amount demanded under impugned order but also failed to pay the consumption charges for the month of December 2024 and hence, the respondent was constrained to disconnect the power supply.

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In view of the said submission made by the learned Standing

Counsel(TNEB) for the respondent, the petitioner is given liberty to approach the Consumer Grievance Redressal Forum within a period of two weeks from the date of receipt of copy of this order. The petitioner is also directed to pay 1^st installment of 25% of the impugned demand amount together with actual current consumption charges for the month of December 2024 within a period of one week from the date of receipt of copy of this order. On payment of the said amount, the respondent shall restore the power connection to the petitioner's premises. The petitioner further directed to pay the 2^nd installment of 25% of the impugned demand amount within a period of five weeks from the date of receipt of copy of this order. The petitioner shall produce the payment receipts before the Consumer Grievance Redressal Forum. On production of the same, the complaint made by the petitioner shall be taken into consideration and final orders shall be passed on merits within a further period of four weeks from the date of production of the receipts by the petitioner. In case of failure of petitioner to pay 2^nd installment as mentioned above, the respondent is entitled to disconnect the power supply to petitioner.

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W.P.No.1136 of 2025

With the above directions, the writ petition stands disposed of. No

costs.

21.01.2025

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr Note:Issue order copy on 22.01.2025

To The Assistant Executive Engineer TANGEDCO, O And M/North /CEDC, Thiruninrayur- 602 024.

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S.SOUNTHAR, J. nr

W.P No.1136 of 2025

21.01.2025

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