A.L.Satheesh v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.28139 & 28140 of 2019 and 2131 of 2020 W.P.No.1832 of 2020 A.L.Satheesh .. Petitioner
Versus
1. The Divisional Engineer
2. The Executive Engineer (O&M) Royakottai Road
3. The Assistant Executive Engineer (Town) ... Respondents W.P.No.28446 of 2019 A.L.Satheesh .. Petitioner
Versus
1. The Executive Engineer (O&M) Tamil Nadu Electricity Board Royakottai Road 1/6
2. The Assistant Executive Engineer (Town) 3.The Assistant Sections Officer Revenue Branch Section Krishnagiri Electricity Generation and Distribution ... Respondents Prayer in W.P.No.1832 of 2020: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from in any manner resorting to any illegal demand of arrears dues without first following the procedure as contemplated under the Electricity Act, 2003 and the Rules and Regulations framed there under and also by affording an opportunity to the petitioner in relation to electricity supply in S.C.No. 061-007-1846 before resorting to any such demand. Prayer in W.P.No.
28446 of 2019: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of impugned Letter No. AAO/ RB/ HSR/ AS. 4/ F. A/ C CLOSED/ 0285/ 2019 dated 26.07.2019 of the 3rd Respondent and to quash the same. In W.P.No.1832 of 2020 For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.S.Madhusudanan In W.P.No.28446 of 2019 For Petitioner : Mr.G.M.Anantha Kumar For Respondents : Mr.S.Madhusudanan COMMON ORDER Since the dispute involved in these writ petitions are one and the same, these writ petitions are disposed of by way of this common order.
2. The writ petition in W.P.No.28446 of 2019 has been filed challenging the demand notice issued by the respondents dated 26.07.2019 and the writ petition in W.P.No.1832 of 2020 has been filed forbearing the respondents 1 to 3 from in any manner resorting to any illegal demand of arrears dues without first following the procedure as contemplated under the Electricity Act, 2003 and the Rules and Regulations framed there under and also by affording an opportunity to the petitioner in relation to electricity supply in S.C.No. 061007-1846 before resorting to any such demand.
3. It is the case of the writ petitioner that he let his commercial building for rental to ICICI Bank and thereafter, the ICICI Bank was vacated and thereafter, the demand letter was issued by the Electricity Board claiming a sum of Rs.5,82,403/- during their audit objection. Challenging and forbearing the respondents, these writ petitions are filed.
4. The learned counsel for the petitioner submitted that as per the Order of this Court, the petitioner had deposited a sum of Rs.2,00,000/- on 27.09.2019 and the balance amount of Rs.3,82,402/- was paid on 11.10.2022. In pursuant to the same, NOC was issued by the second respondent/Assistant Executive Engineer, Hosur dated 11.10.2022. Hence, this Court may issue a 3/6
direction to the respondents to restore the service connections of the petitioners.
5. Heard both sides and perused the materials placed on record. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the respondents to restore the service connections of the petitioner as per law if there is no legal impediment within a period of two weeks from the date of receipt of a copy of this Order.
6. Accordingly, these writ petitions stand disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. 23.09.2024 dhk Index:Yes/No Internet: Yes/No 4/6
To
1. The Divisional Engineer
2. The Executive Engineer (O&M) Royakottai Road
3. The Assistant Executive Engineer (Town) 4.The Assistant Sections Officer Revenue Branch Section Krishnagiri Electricity Generation and Distribution M. DHANDAPANI, J.
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dhk 23.09.2024 6/6