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2012 DIGILAW 631 (MAD)

A. Ponnambalam v. Tamil Nadu Electricity Board

2012-02-07

R.SUDHAKAR

body2012
Judgment :- 1. This writ petition is filed to declarw the action of the respondents in disconnecting power supply to the petitioner's premises at I Floor, No.19 Indirani Nagar, Narsothipatti, Salem -4, bearing connection in S.C.No.374, as illegal and consequently directing the respondents to pay a compensation of Rs.50,000/- to the petitioner. 2. In respect of S.C.No. 374, K.S.V.Nagar, which is granted to the petitioner by the respondents, the petitioner filed a complaint stating that he has not been issued the white meter card and he has been regularly paying the monthly current consumption charges and for no good reasons, the power supply was disconnected and consequently, the writ petition was filed. 3. At the time of admission, the following interim order was passed on 11.10.2002. "The Electricity Board counsel takes notice. According to the learned counsel for the petitioner, without calculating the consumption, the respondents are arbitrarily directing him to pay a sum of money and even the enquiry which was initiated initially has not been concluded. Since it is a dwelling house, respondents are directed to restore the power supply if the petitioner pays reconnection charges of Rs.2,500/-, which is 50% of the sum of Rs.5,000/- that the petitioner alleges, is demanded from him. On such payment, the respondents shall immediately restore connection." 4. The counter affidavit filed by the respondents clearly states that white meter card was issued and if it is lost or damaged, it will be replaced on payment of fee. Therefore, the petitioner is at liberty to approach the authority for replacement of white meter card. 5. In such view of the matter, insofar as current consumption charges are concerned, since Rs.2,500/- has been paid as per the interim order of this Court and also taking note of the fact that the legal notice issued by the petitioner through counsel, the competent authority is directed to consider the said legal notice and deal with the matter in accordance with law. Till the issue is resolved by the competent authority one way or other, the authority shall not demand the payment of balance amount of Rs.2,500/-. However, it is made clear that the petitioner has to pay the current consumption charges as per the meter reading. In view of the disputed nature of the issue, this Court is not inclined to grant any compensation as prayed for and such relief is declined. However, it is made clear that the petitioner has to pay the current consumption charges as per the meter reading. In view of the disputed nature of the issue, this Court is not inclined to grant any compensation as prayed for and such relief is declined. This writ petition is disposed of accordingly. Consequently, WP.M.P.No. 52245 of 2002 is closed. No costs.