S K SABAPATHY Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Abdul Quddhose, learned counsel appearing for the petitioner and Mr. P. Gunaraj, learned standing counsel for TNEB, appearing for the respondents.

(2.) In this writ petition, the petitioner has challenged the impugned demand of Rs.3,81,684/- towards current consumption charges endorsed in the meter card pertaining to the electricity service connection bearing No. SE No.163-013-75 of the petitioner premises at Door No.65, M Block, 6th Avenue, Anna Nagar, Chennai-600 040.

(3.) According to the petitioner, he is the owner of the above said premises and he gave the said premises to one Hon'ble Thiru Dr. K. Kalimuthu, Former Speaker of the Tamil Nadu Legislative Assembly, under a lease agreement dated 1.8.2001 and he occupied the said premises from 01.8.2001 till his death in November, 2006. After demise of the tenant, during the month of May 2007, the petitioner took the possession of the premises and then only, he came to know that for the past five years, his tenant had not paid the electricity consumption charges, which accumulated to Rs.3,81,684/- including Rs.1,70,375/- towards BPSC charges and also led to disconnecting the service connection. The grievance of the petitioner is that no prior notice was issued to him demanding the arrears of the electricity consumption charges and all along, he was under the impression that since his tenant who was none other than the Speaker of Tamil Nadu Legislative Assembly, there were no dues towards the electricity charges. Thereafter, for restoration of the electricity connection, the petitioner sent a letter dated 26.2.2008 to the second respondent agreeing to pay a sum of Rs.2,11,309/- being the arrears of electricity consumption charges under protest in 10 equal installments and also requested to waive penal charges amount to Rs.1,70,375/-. Despite receipt of the letter by the respondents on 29.2.2008, no steps were taken by the respondents, which prompted the petitioner to move this Court by filing the present writ petition.