The appropriate calculation for electricity consumption must follow the procedures established under the Tamil Nadu Electricity Supply Code.

ORDER

This writ petition is filed for the following relief :

“to call for the records pertaining to the Impugned order in f.vz.;,.kp.ngh / g / fh.f.glb; / Nfh. / t.M / Nfh.f.m.vz;.75/18 dated 09.03.2018 on the file of the respondent No.4 and quash the same as illegal and consequently direct the respondent No.4 to reassess by adopting the method provided under clause 11(2) and 11(4) of the Tamil Nadu Electricity Supply Code , 2004.”

2. It is the case of the petitioner that she and her husband, a serving Army Officer were in possession of the property situated in D.No.29/A, Kasthuribai School Street, Kamayagoundanpatti Post, Uthamapalayam Taluk, Theni District. Her husband had obtained electricity service connection in Service Connection No.552-009-483 from the respondents. The petitioner would submit that her husband used to return to the native village only during holidays and festivals to visit his mother who is the only person residing in the said premise.

3. The petitioner would submit that the current consumption charges for the property ranged between Rs.600 – Rs.700 only and the same was being paid by the petitioner's mother-in-law. When she had approached the 4^th respondent to pay the current consumption charges for the month of August and September, she was instructed to pay a sum of Rs.9,656/-. The petitioner's mother-in-law was shocked by the same as she has never consumed so much of electricity and the charges appeared exorbitant. Therefore, she had made a complaint, dated 16.09.2016 to the 4^th respondent. However, no effective action was taken. Once again on 22.09.2016, the petitioner's mother-in-law had given yet another complaint referring to the earlier complaint dated 16.09.2016 before the 4^th respondent. This was followed by legal notice dated 24.10.2016. Since there was no response, the petitioner's husband had approached the District Consumer Disputes Redressal Forum in C.C.No.7 of 2017. The Commission had allowed the complaint and directed the 4^th respondent to restore electricity connection within a period of three weeks and the same was also reconnected. The petitioner would further submit that she has been advised to state that in an identical case, this Court had directed TANGEDCO to take the average of electricity supplied during the preceding four months for arriving at the amount payable. Therefore, the petitioner's husband filed W.P(MD)No.22703 of 2017 seeking a mandamus directing the respondents to restore the electricity connection to the petitioner's house situated the above referred address. This Court had directed the respondents to consider the representation and pass orders after affording personal hearing to the petitioner. Thereafter, the electricity was restored on 03.03.2018. Thereafter, the impugned order is passed on 09.03.2018 by the 4^th respondent, wherein it is stated that the meter was removed on 13.02.2018 and that the test was carried out on the meter by a TNEB officer, Theni, who opined that the meter was functioning correctly before its reinstallation on 23.02.2018 and the electricity supply was restored on 03.03.2018. The impugned order directed the petitioner to pay a sum of Rs.17,653/-. Challenging the same, the petitioner is before this Court.

4. The main objection of the petitioner is that the test has not been carried out in the manner provided under the Provisions of Tamil Nadu Electricity Supply Code , 2004 and for not following the various judgments.

5. The 4^th respondent has filed a counter affidavit inter alia contending that there are two service connections in the building and both are in the name of the petitioner's husband. The petitioner's mother- in-law resides in the ground floor enjoying one service connection and the first flo