High Court · 2025

W.P.No.16573 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.10.2025CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.16573 of 2022and W.M.P.No.15859 of 2022S.Muthulakshmi ... Petitioner Vs.1.The Superintending Engineer-I, Head Office, Electricity Department, Puducherry.2.The Executive Engineer-4, Rural (North), Head Office, Electricity Department, Puducherry.3.The Assistant Executive Engineer, Kurumbapet, Electricity Department, Puducherry.4.The Junior Engineer, Muthuraraiyarpalayam, Electricity Department, Puducherry. https://www.mhc.tn.gov.in/judis W.P.No.16573 of 20225.The Junior Accounts Officer, Revenue II, Electricity Department, Puducherry. ....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings passed by the fifth respondent in Letter No.2143/ED/Rev-II/JAO/2022 dated 13.06.2022 and quash the same as illegal, incompetent and ultravires and direct the fifth respondent to recalculate the bill. For Petitioner : Mr.A.RameshFor Respondents : Mrs.V.Usha Additional Government PleaderO R D E RThe petitioner is aggrieved against the proceedings of the fifth respondent dated 13.06.2022, wherein, the respondents Department had directed the petitioner to pay the bill amount of Rs.63,017/-. https://www.mhc.tn.gov.in/judis W.P.No.16573 of 20222. The brief facts are as follows:-The petitioner is the absolute owner of the petition mentioned property and there has been arrears of the electricity bill which the petitioner failed to pay during Covid-19 pandemic. The petitioner has been seeking extension of time to pay the arrears amount by way of representation. Since representation was not considered, the petitioner filed a consumer case before the Consumer Grievances Re-dressal Forum in C.C.No.47 of 2020 seeking to remove the belated payment surcharges and give a proper revised bill and to pay compensation and the same was disposed of by the said Forum directing the Department to issue the revised bill for the period from March 2020 to July 2020 and also permitting the petitioner to pay the arrears in five monthly installments. The compensation sought for by the petitioner was rejected and thereafter, the petitioner filed another complaint in C.C.No.56 of 2020 which was returned stating that earlier complaint was already decided. The petitioner also moved the Joint Electricity Regulatory Commission, Haryana, wherein, he has also filed interim injunction application seeking stay and the Joint Electricity Regulatory Commission, Haryana, granted interim stay not to disconnect the electricity service https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022connection of the petitioner vide order dated 21.04.2022 and directed the issue to be settled amicably and ordered 1/3rd of the bill amount. In the meanwhile, the impugned proceedings was issued. 3. The learned counsel appearing for the petitioner challenges the impugned proceedings on the ground that the issue went to the Electricity Ombudsman wherein issues were framed and interim stay was granted regarding disconnection of the electricity supply. However, the respondents have not issued the consolidated bill and also not accounted 1/3rd of the bill amount already paid by the petitioner. Hence, the learned counsel appearing for the petitioner submits that the act of the respondents suffers from serious infirmity and the impugned proceedings is invalid. While entertaining this writ petition, this Court directed the petitioner to deposit 50% of the impugned demand, pursuant to which, the petitioner deposited a sum of Rs.31,038/- and the petitioner is regularly paying the subsequent current consumption charges till August 2023. https://www.mhc.tn.gov.in/judis W.P.No.16573 of 20224. The learned Standing Counsel appearing for the respondents would submit that pursuant to the orders of the Consumer Grievances Redreesal Forum, Puducherry, dated 14.12.2020, wherein the petitioner was directed to pay the total arrears of current consumption charges for the period from March 2020 to September 2020 in five monthly installments, the petitioner has not paid the current consumption charges. As per the said order, the petitioner had approached the Ombudsman. Without even complying with the orders passed by the Consumer Grievances Re-dressal Forum, the petitioner has been persistently moving the Forum after Forum and has been delaying the payment which has resulted in the impugned proceedings wherein, late payment charges have been levied. It is also submitted that even in the current consumption charges bill, it has been stated that non-receipt of C.C. bills will not entitle the consumer to defer or to delay payment beyond the due date and the ground taken by the petitioner that she has not received the bills and therefore, she could not pay the bill before the due date is illegal. It is also stated that the consumer is bound by the terms and conditions of supply of electricity and appropriate tariff in force from time to time. The petitioner neither complied with the orders of the https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022Consumer Grievances Redressal Forum, and Ombudsman. It is also submitted by the respondents that pursuant to the order passed by the Electricity Ombudsman, wherein, it was ordered that mutual settlement to be arrived between the parties on 12.04.2022 and hearing for mutual agreement was held on 19.04.2022. Even after elaborate deliberations in cordial manner, the petitioner has not agreed for mutual agreement. Therefore, the respondents have sent intimation to the petitioner to deposit 1/3rd of the disputed/ outstanding amount on 13.07.2021 and the petitioner has paid the amount on 21.04.2022. Therefore, the impugned proceedings is strictly in accordance with the order of the Ombudsman and as per the said order, the disconnection has not been effected and that the consolidated bill for a sum of Rs.63,017/- with belated payment surcharge wherever required for the period from the month of July 2020 to the billing month of May 2022 was issued vide impugned proceedings and hence, the same need not be interfered with. 5. This Court, after carefully considering the submissions made on both sides and perusing the materials placed on record, is of the view that the petitioner being the consumer of the Electricity supply is bound to pay https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022necessary charges as stipulated by the Department from time to time. Even the conditions in the CC Bills states that the petitioner is bound to pay the current consumption charges from time to time without waiting for the bills. The petitioner also has responsibility of approaching the Department in case of non-receipt of bills and paying the charges as and when it was raised by the Department, whereas, the petitioner has been in the habit of raising the dispute after dispute against the Department but without complying his part of responsibility. Initially, he had approached the Consumer Grievances Redressal Forum, wherein, the order was passed. Even without waiting for the order to be complied with, he has filed another consumer case and later it was closed stating that the complaint was already addressed. Thereafter, the petitioner approached the Ombudsman where an order was passed on 14.12.2020, wherein issues were framed and the orders were passed directing the parties to mutually settle the matter. Pursuant to the same, the respondents Department has held the meeting with the petitioner wherein, after elaborate discussions, the settlement could not be arrived. This shows the callous attitude of the petitioner by filing petition after petition and approaching the Forum after Forum. The only complaint made by the petitioner is the demand of 1/3rd of the disputed amount after the order https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022passed by the Ombudsman. Therefore, this Court finds no merit in the contention raised by the petitioner. Hence, this Writ Petition is dismissed. The petitioner is directed to pay the arrears of current consumption charges as raised in the impugned proceedings within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Connected miscellaneous petition is closed. 13.10.2025NCC: Yes / NoIndex : Yes / NoSpeaking Order : Yes / Nossb https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022To 1.The Superintending Engineer-I, Head Office, Electricity Department, Puducherry.2.The Executive Engineer-4, Rural (North), Head Office, Electricity Department, Puducherry.3.The Assistant Executive Engineer, Kurumbapet, Electricity Department, Puducherry.4.The Junior Engineer, Muthuraraiyarpalayam, Electricity Department, Puducherry.5.The Junior Accounts Officer, Revenue II, Electricity Department, Puducherry. https://www.mhc.tn.gov.in/judis W.P.No.16573 of 2022M.DHANDAPANI, J. ssbW.P.No.16573 of 202213.10.2025