High Court · 2025

W.P.No.26812 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.10.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.P.No.26812 of 2023andW.M.P.No.26236 of 2023S.Velmurugan... PetitionerVs.1.The Chairman, Tamilnadu Electricity Board (TNEB)/TANGEDCO, No.800, Anna Salai, Chennai – 2.2.The Assistant Engineer /O&M/Town, Tamilnadu Electricity Board (TNEB)/TANGEDCO, Thiyagadurgam – 606 206.3.The Executive Engineer /O&M, Tamilnadu Electricity Board (TNEB)/TANGEDCO, Thiyagadurgam – 606 206.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records connected with the impugned order passed by 2nd respondent in Lr.No.AEE/T/T.D/Va.A/Ko.Ka/A.No.125/2023-24 dated 14.08.2023 and quash the same.For Petitioners:Mr.K.Sathish KumarFor Respondents:Ms.Daniel MaryStanding Counsel*****Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023ORDERChallenging the demand notice for payment of consumption of charges from February, 2020 vide proceedings of the 2nd respondent, dated 14.08.2023 in Lr.No.AEE/T/T.D/Va.A/Ko.Ka/A.No.125/2023-24, the petitioner has filed this Writ Petition.2. The petitioner is a proprietor of a rice mill, namely Shri Jayyamurugan Modern Rice Mill at Kallakurichi District and has been paying the electricity charges regularly without any default. Whileso, on 19.06.2020, the 2nd respondent inspected the premises of the petitioner and found that the electric meter is faulty and has replaced it with a new meter. It has raised a demand of Rs.1,60,125/- as the electric charges payable during the period when the meter was found to be defective based on previous four months average charges, and it was paid. This apart, the petitioner was issued a demand notice for Rs.8,40,702.44/- vide bill dated 29.02.2020 as penalty and it was challenged by the petitioner in W.P.No.6653 of 2020. This Court vide order dated 16.03.2020 has disposed of the same, directing the petitioner to deposit a sum of Rs.3 lakhs before the 2nd respondent within a period of one from the date of Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023receipt of a copy of the order. On such deposit being made, the 2nd respondent was directed to consider the petitioner's representation dated 07.03.2020 and pass appropriate orders. Pursuant to which, the 2nd respondent has now raised the impugned bill dated 14.08.2023 demanding a sum of Rs.10,32,682/-. Challenging the same, the present writ petition has been filed by the petitioners.3. On the earlier occasion, i.e., on 25.10.2025, this Court after hearing the submissions made by the learned counsel for the petitioner, this Court has perused the impugned order dated 14.08.2023, from which, it is found that there is no specific mention about the amount with regard to arrears of bills as on 2/2020 as well as monthly electricity charges to be paid by the petitioner. Hence, this Court, vide order dated 25.10.2025, has directed the 2nd respondent to appear before this Court with relevant file on the next hearing date. 4. When the matter was taken up for hearing today, the 2nd respondent has appeared before this Court and submitted that he is not aware of the deposit made by the petitioner to the tune of Rs.3 lakhs, pursuant to the order passed by this Court in W.P.No.6653 of 2020 dated Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 202316.03.2020. Further, he submitted that the said amount was kept in a separate account and the same can be deducted from the present impugned demand amount. Hence, he submitted that the petitioner may be directed to pay the balance amount to the respondents, within a time frame that may be fixed by this Court.5. Heard both sides and perused the materials available on record.6. Admittedly, the petitioner is running the said rice mill and has obtained an electricity service connection from the respondents for the purpose of running the rice mill. It is also an equally undisputed fact that the 2nd respondent has inspected the premises of the petitioner on 19.06.2020 and found that the electric meter is faulty and replaced it with a new meter, for which, a demand has been raised and the same was also paid by the petitioner. That apart, a demand notice for a sum of Rs.8,40,702.44/- was issued, assailing which, the petitioner has filed W.P.No.6653 of 2020 and this Court, vide order, dated 16.03.2020, disposed of the same, directing the petitioner to deposit Rs.3 lakhs. It is brought to the notice of this Court that the said amount was deposited by the petitioner before the 2nd respondent, which was not disputed by the Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023respondents. Thereafter, without deducting the said amount, the 2nd respondent has issued the impugned demand notice demanding a sum of Rs.10,32,682/-. That apart, while entertaining this writ petition, this Court has granted an order of interim stay on condition of payment of 25% of present claim, within a period of four weeks. Subsequently, the petitioner has paid the said 25% of the demand to the tune of Rs.1,83,171/- by way of Demand Draft dated 20.09.2023 in D.D.No.114071 and in order to prove the same, the learned counsel for the petitioner has produced a copy of the demand draft before this Court. Hence, it is clear that the petitioner has totally paid a sum of Rs.4,83,171/- before the respondents and he to pay a balance amount to the tune of Rs.5,49,511/-. The rough calculation is as follows :-S.No.DescriptionAmount in Rs.1Total demand amount10,32,682/-2Amount paid by the petitioner as per the order passed in W.P.No.6653 of 20203,00,000/-3Amount paid by the petitioner as per the interim order passed in this writ petition1,83,171/-4Balance amount after deducting the amounts already paid by the petitioner5,49,511/-7. It is pertinent to note that as against the impugned demand notice issued by the 2nd respondent, there is an effective appeal available Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023before the Consumer Redresal Forum. Without exhausting the said remedy, filing the present writ petition is not sustainable. However, in order to give quietus to the matter, the petitioner is directed to deposit the balance demand amount of Rs.5,49,511/- (Rupees Five Lakhs Forty Nine Thousand Five Hundred and Eleven only) before the 2nd respondent, within a period of four weeks from the date of receipt of a copy of this order. Upon deposit, the petitioner is at liberty to file an appeal before the Consumer Redresal Forum along with a proof for the said payment before the 2nd respondent and work out the remedy in the manner known to law. It is made clear that the amounts paid by the petitioner towards the demand made by the respondents is subject to the result of the appeal to be filed by the petitioner before the Consumer Redresal Forum.8. With the above observations and directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.29.10.2025Index : Yes / NoSpeaking order / Non-speaking orderNeutral Citation Case : Yes/NospPage No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023To1.The Chairman, Tamilnadu Electricity Board (TNEB)/TANGEDCO, No.800, Anna Salai, Chennai – 2.2.The Assistant Engineer /O&M/Town, Tamilnadu Electricity Board (TNEB)/TANGEDCO, Thiyagadurgam – 606 206.3.The Executive Engineer /O&M, Tamilnadu Electricity Board (TNEB)/TANGEDCO, Thiyagadurgam – 606 206.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.26812 of 2023M.DHANDAPANI, J.spW.P.No.26812 of 202329.10.2025Page No.8 of 8