RAMA POLY BAGS, MANAGING PARTNER S R SELVARAJ Vs. SUPERINTENDING ENGINEER, THOOTHUKUDI ELECTRICITY DISTRIBUTION AND ORS

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition seeking the relief of Writ of Certiorarified Mandamus in calling for the records relating to the proceedings of the third Respondent in Na. Ka.a.e.mi.po. Vi/mi/va/mu.puram. po. pa.c.t.s./D/104/2005 dated 5.3.2005 and to quash the proceedings of the second Respondent in letter No. 2020/EE/D/U/RB/U/TTN/ASXII/ AII/05 dated 14.10.2005. Also, the Petitioner has sought for a direction being issued to the second and third Respondents to refund a sum of Rs. 1,38,448/- (Rupees one lakh thirty eight thousand four hundred and forty eight only) or to adjust the same towards future consumption charges relating to the service connection number BNR54.

(2.) The learned Counsel for the Petitioner/Management submits that the Petitioner's electricity service connection lies within the jurisdiction of the Third Respondent/Assistant Engineer/Junior Engineer Grade-I, Distribution North, Tamil Nadu Electricity Board, Muthiah Puram, Thoothukudi and has been provided with an electric meter for the electric service of low tension current transformer which will furnish the information as well as the measurement as regards the supply of electricity and current consumption. The third Respondent while assessing the current consumption charges for the month of March 2004, has found that one phase out of three phase has been defective and there has been no voltage display while using the said phase and that the meter has been sent to MRT Branch of Electricity Board at Tuticorin without informing the Petitioner.

(3.) The learned Counsel for the Petitioner contends that the Third Respondent/Assistant Engineer/Junior Engineer Grade-I, Distribution North, TamilNadu Electricity Board, Muthiah Puram, Thoothukudi, changed the defective meter with that of new meter only on 20.4.2004 after a lapse of 22 days. The third Respondent has issued the impugned order dated 5.3.2005 to the Petitioner demanding a sum of Rs. 1,93,915/- (Rupees one lakh ninety three thousand nine hundred and fifteen only) based on the audit report without providing any working details and also, without furnishing on what basis they have demanded a sum of Rs. 1,93,915/- (Rupees one lakh ninety three thousand nine hundred and fifteen only) from the Petitioner.