Madras High Court
Mr.D.Jayaraman vs The Chairman/Cgrf on 7 August, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.23060 of 2023
WMP.Nos.22564 & 22565 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM: JUSTICE N.SESHASAYEE
WP.No.23060 of 2023
&WMP.Nos.22564 & 22565 of 2023
Mr.D.Jayaraman ...Petitioner
-Vs-
1.The Chairman/CGRF,
CEDC/SOUTH II,
No.110 – KV, S.S.Complex,
Anna Main Road, K.K.Nagar,
Chennai – 600 040.
2.The Superintendent Engineer (CGRF),
CEDC South II,
No.110 – KV, S.S.Complex,
Anna Main Road, K.K.Nagar,
Chennai – 600 040.
3.The Assistant Engineer,
T & M, Selaiyur,
CEDC South II,
Chennai 600 126.
4.The Assistant Executive Engineer,
T & M, Selaiyur,
CEDC South II,
Chennai 600 126.
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W.P.No.23060 of 2023
WMP.Nos.22564 & 22565 of 2023
5.The Assistant Executive Engineer/
Operation and Maintenance,
Selaiyur,
CEDC South II,
Chennai 600 126.
6.The Assistant Engineer/Operation
and Maintenance,
Madambakkam,
Chennai South II,
Chennai 600 126.
7.The Assistant Executive Engineer/
Enforcement
Chennai South,
Chennai.
8.Mr.N.Anandhan ...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the order passed by the respondents 5 to 7 dated 14.03.2023 to
quash the same and subsequently direct the 1st Respondent to take
departmental action against the respondent 3 to 6 for negligence on their
duty and against the 7th Respondent for non-application of mind and
subsequently direct the respondent to install the meter stands in the name
of Mr.Natarajan by replacing Shanmugam meter in petitioner's premises
and restore the Service Connection No.313-206-1120 within stipulated
period of time.
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W.P.No.23060 of 2023
WMP.Nos.22564 & 22565 of 2023
For Petitioner : Mr.D.Selvam
For RR1 to 7 : Ms.L.Jaivenkatesh,
Standing Counsel for TNEB
ORDER
The petitioner is served with a provisional assessment on an allegation of theft of electricity Vide proceedings of the fifth respondent dated 14.03.2023. This is now under challenge.
2.Mr.L.Jaivenkatesh, learned Standing Counsel for TNEB takes notice for the respondents.
3.The learned counsel for the respondent submitted that only a provisional assessment has been made and the petitioner is required to respond to the same within a period of sever days for the Authorities to enquire and come out with a final assessment. Instead, he has approached the Consumer Grievance Redressal Forum constituted within the administrative set up of TANGEDCO with his grievance. However, the Consumer Grievance Redressal Forum does not have jurisdiction to decide an issue arising out of an allegation of theft of electricity.
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4.The petitioner is now required to approach the fourth respondent with his objection/representation, if any, to the provisional assessment dated 14.03.2023, if the petitioner is so desirous on or before 14.08.2023. As and when such an objection is provided by the petitioner, the fourth respondent is required to receive the same irrespective of any breach of time line prescribed for the said purpose. The fourth respondent is further directed to hold an enquiry, by giving the petitioner an opportunity of being heard, and dispose of the representation of the petitioner within a period of twelve (12) weeks thereafter.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
07.08.2023 Index : Yes/No Internet : Yes/No Tsg 4/6 https://www.mhc.tn.gov.in/judis W.P.No.23060 of 2023 WMP.Nos.22564 & 22565 of 2023 To
1.The Chairman/CGRF, CEDC/SOUTH II, No.110 – KV, S.S.Complex, Anna Main Road, K.K.Nagar, Chennai – 600 040.
2.The Superintendent Engineer (CGRF), CEDC South II, No.110 – KV, S.S.Complex, Anna Main Road, K.K.Nagar, Chennai – 600 040.
3.The Assistant Engineer, T & M, Selaiyur, CEDC South II, Chennai 600 126.
4.The Assistant Executive Engineer, T & M, Selaiyur, CEDC South II, Chennai 600 126.
5.The Assistant Executive Engineer/ Operation and Maintenance, Selaiyur, CEDC South II, Chennai 600 126.
6.The Assistant Engineer/Operation and Maintenance, Madambakkam, Chennai South II, Chennai 600 126.
7.The Assistant Executive Engineer/ Enforcement Chennai South, Chennai.
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