Madras High Court
Nirmala Devi Agarwal vs The Superintending Engineer on 21 August, 2023
W.P.(MD).No.853 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.853 of 2020
and
W.M.P.(MD).No.636 of 2020
Nirmala Devi Agarwal ... Petitioner
Vs.
1.The Superintending Engineer,
Ramnad Electricity Distribution Circle,
TANGEDCO,
Ramanathapuram Town and District.
2.The Assistant Engineer, Distribution,
TANGEDCO,
Sikkal – 623 528,
Ramanathapuram District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records relating to
the impugned account summary issued by the respondent Corporation for the
12th month bill for the year 2019 in respect of the demand of current
consumption charges of Rs.289,126/- and current consumption arrears of
Rs.151,988/- for electricity service connection bearing No.1157 issued in the
name of the petitioner-Nirmala Devi Agarwal and quash the said demand.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.853 of 2020
For Petitioner : Mr.N.Dilip Kumar
For Respondents : Mr.S.Deenadhayalan,
Standing Counsel.
ORDER
This Writ Petition is filed to quash the impugned current consumption
charges of Rs.2,89,126/- without following the procedure under Regulation 11
of the Tamil Nadu Electricity Supply Code. The writ petition also challenged
the current consumption arrears of Rs.1,51,988/- which is issued along with 12th
month bill for Bill year 2019 for electricity service connection bearing No.1157
issued in the name of the petitioner-Nirmala Devi Agarwal.
2. The contention of the petitioner is that the respondents have not issued
any show cause notice before issuing the demand to pay the arrears. The
respondents have not followed the regulation before issuing the bill. The
petitioner is also contending that the respondents are not having any power to
issue the said demand as arrears of bill beyond the period of limitation
prescribed under Section 56(2) of Electricity Act, 2003.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.853 of 2020
3. Since the respondents have not granted sufficient opportunity before
demanding the arrears amount, therefore there is a clear violation of principles
of natural justice.
4. As far as the current consumption bill is concerned, if the petitioner is
aggrieved then the petitioner is entitled to approach the next higher authority as
per Regulation 11 of Tamil Nadu Electricity Supply Code. The bill was issued
by the Assistant Engineer, TANGEDCO, Sikkal Section and the next higher
authority would be the Executive Engineer. However, the Executive Engineer is
not a party before this Court. Therefore, this Court directs the petitioner to
submit an objection before the Executive Engineer by considering the
impugned demand as if it is show cause notice. After submitting of such
objections, the respondents shall conduct an enquiry. The respondents shall
grant personal hearing as well. The limitation issue shall be raised before the
authority. Both the petitioner as well as the authorities are at liberty to deal
with the limitation as per law and as per the judgment rendered in this issue.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.853 of 2020
5. With view of the directions, this Writ Petition is allowed. There shall
be no order as to costs. Consequently, connected miscellaneous petition is
closed.
21.08.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
To
1.The Superintending Engineer,
Ramnad Electricity Distribution Circle,
TANGEDCO,
Ramanathapuram Town and District.
2.The Assistant Engineer, Distribution,
TANGEDCO,
Sikkal – 623 528,
Ramanathapuram District.
Copy To
The Assistant Executive Engineer,
TANGEDCO,
Sikkal – 623 528,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.853 of 2020
S.SRIMATHY, J.
Nsr
W.P.(MD).No.853 of 2020
21.08.2023
https://www.mhc.tn.gov.in/judis
