Madras High Court
T.Motcham Fernando vs The Tamil Nadu Electricity Board on 31 January, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.33485 of 2005
and
W.P.M.P.No.36400 of 2005
T.Motcham Fernando ..Petitioner
Vs
1.The Tamil Nadu Electricity Board
represented by its Chairman
Anna Salai, Chennai – 600 002.
2.The Assistant Engineer
Tamil Nadu Electricity Board(SIDCO DIVISION)
I.C.F.VILLIVAKKAM, Chennai – 600 049.
3.The Executive Engineer(O&M) Perambur
No.75, Paper Mills Road
Perambur, Chennai – 600 011 ..Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to
issue Writ of Mandamus, forbearing the respondents from collecting a sum of
Rs.13,046/- towards the electricity charges for the Months of August, 2005 &
September 2005
For Petitioner : Mr.G.Sugadev Rajaguru
For Respondents : Mr.P.R.Dhilipkumar, Standing counsel
for Electricity Board
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ORDER
The relief sought for in the writ petition is to forbear the respondents from collecting a sum of Rs.13,046/- towards the electricity charges for the Months of August, 2005 & September 2005.
2.The grievances of the writ petitioner is that the shortfall in electricity consumption charges are imposed without verifying the meter properly.
3.The grounds raised by the petitioner states that the respondents had not checked the meter installed in the premises of the writ petitioner and they have not noted down whether the meter was defective or not. The shortfall charges are imposed arbitrarily and without assessing the meter reading properly. The representations submitted by the writ petitioner in this regard also had not been considered at all.
4.The learned counsel for the respondents states that the shortfall electricity consumption charges are imposed based on the meter reading and by conducting inspections. Thus, there is no infirmity in respect of the actions initiated by the respondents, directing the writ petitioner to pay the shortfall in electricity charges.
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5.This Court is of an opinion that in respect of certain complex facts and circumstances, no writ can be entertained. Such disputed facts are to be adjudicated by the respective parties by producing original documents and by adducing evidences before the competent Forum. This Court cannot arrive a conclusion in respect of the allegations raised by the writ petitioner that the respondents had not checked the meter properly. If at all, the writ petitioner has to establish the same before the competent Forum concerned in this regard, Clause 18 of the Tamil Nadu Electricity Supply Code provides an appeal to the Consumer Grievances Redressal Forum and all such disputed facts shall be adjudicated before the Forum by the writ petitioner. However, the writ petitioner has to deposit the demanded amount without prejudice to the appeal to be preferred before the Consumer Grievances Redressal Forum.
6.In this view of the matter, the following orders are passed:
(i) The relief as such sought for in the present writ petition stands rejected.
(ii) The petitioner is directed to deposit the demanded amount within a period of four weeks from the date of receipt of a copy of this order without prejudice to the appeal, to be filed.
(iii) In the event of filing an appeal before the Forum, the Forum shall adjudicate the same on merits and by affording an opportunity to the writ petitioner and pass orders in accordance http://www.judis.nic.in 4 with law within a reasonable period of time.
7.With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
31.01.2019 kak Internet : Yes/No Index:Yes/No Speaking / Non-Speaking order To
1.The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai – 600 002.
2.The Assistant Engineer Tamil Nadu Electricity Board(SIDCO DIVISION) I.C.F.VILLIVAKKAM, Chennai – 600 049.
3.The Executive Engineer(O&M) Perambur No.75, Paper Mills Road Perambur, Chennai – 600 011 S.M.SUBRAMANIAM, J.
kak http://www.judis.nic.in 5 W.P.No.33485 of 2005 31.01.2019 http://www.judis.nic.in