Madras High Court
Hajee Abdur Rahman Mohammed Trust vs The Assistant Accounts Officer on 29 March, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.9175 of 2023
and WMP.No.9303 of 2023
Hajee Abdur Rahman Mohammed Trust,
Rep. By its Managing Trustee,
Rahmathullah,
31/15, Triplicane High Road,
Chepauk, Chennai-5. ... petitioner
-Vs-
1. The Assistant Accounts Officer,
Revenue Branch,
Tamil Nadu Electricity Board,
CEDC/Central Chennai.
2. The Assistant Engineer,
Triplicane Zone,
Walaja Road, Anna Salai,
Chennai. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, for issuance
of Writs of Certiorarified Mandamus calling for the records of the first respondent
herein vide Lr.No.AAO/RB/C+D+/BOAB Slip C No.139/New Ac.No.103-009-
899 dated 22.09.2022 with respect to SC. No.103-009-899 and quash the same
and consequently, direct the first respondent herein to pass a fresh order
considering the petitioner's representation dated 02.01.2023 within the stipulated
time.
https://www.mhc.tn.gov.in/judis
2
For petitioner : Mr. A.Ajimath Begum
For Respondents : Mr.L.Jaivenkatesh, Standing Counsel
ORDER
This petition has been filed seeking to quash the impugned order passed by the first respondent herein vide Lr.No.AAO/RB/C+D+/BOAB Slip C No.139/New Ac.No.103-009-899 dated 22.09.2022 with respect to SC. No.103- 009-899 and consequently, direct the first respondent herein to pass a fresh order considering the petitioner's representation dated 02.01.2023.
2. It is the case of the petitioner that the petitioner trust is running a school viz., K.P.ILM Primary and Nursery and Primary School, which was closed from March 2020 to March 2021. During the month December 2022, the respondent has given the impugned order demanding a sum of Rs.2,26,430/- towards arrears of CC charges and short assessment detected by Audit. Challenging the said order, the present writ petition has filed.
3. The learned counsel for the petitioner submitted that the first respondent without considering the petitioners representation dated 02.01.2023 directed the second respondent to disconnect the electricity connection. Hence, the second respondent had disconnected the electricity supply to the petitioner https://www.mhc.tn.gov.in/judis 3 institution on 14.03.2023. Now the petitioner is facing great trouble without electricity connection during summer.
4. The learned Standing Counsel appearing on behalf of the respondents submitted that as against the order passed by the original authority, there is an appeal remedy available before the Consumer Grievance Redressal Forum (CGRF). Without filing an appeal, the petitioner has filed a writ petition before this Court, which is not maintainable and the same is liable to dismissed.
5. Heard the learned counsel on either side and perused the materials available on record.
6. As rightly submitted by the learned Standing Counsel that since it is a dispute with regard to the electricity connection, there is appeal remedy available before the CGRF. In view of the above disputed question of fact, this Court cannot be decided the issue. If the petitioners are aggrieved, they have to approach the CGRF. Instead of doing that, the petitioner has filed the present writ petition and this Court also cannot interfere with the impugned order. https://www.mhc.tn.gov.in/judis 4
7. Considering the fact and circumstances of the case, this Court directs the petitioner to pay 50% of the demand amount to the first respondent within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to file an appropriate petition against the respondents before the CGRF within a period of two weeks, thereafter. After perusal of such payment receipt, the CGRF shall decide the issue independently on merits and in accordance with law.
8. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
29.03.2023 rli To
1. The Assistant Accounts Officer, Revenue Branch, Tamil Nadu Electricity Board, CEDC/Central Chennai.
2. The Assistant Engineer, Triplicane Zone, Walaja Road, Anna Salai, Chennai.
https://www.mhc.tn.gov.in/judis 5 M.DHANDAPANI, J.
rli W.P.No.9175 of 2023 29.03.2023 https://www.mhc.tn.gov.in/judis