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Madras High CourtWP/2932/2003closed

Raju @ Palanisamy Gounder v. The Assistant Engineer,

2016-12-16Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.2932 of 2003 and WMP No.3675 of 2003 Raju @ Palanisamy Gounder Petitioner Vs The Assistant Engineer Operation Maintenance/North Tamil Nadu Electricity Board Palani, Dindigul District.

Respondent Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records from the file of the respondent in Ref.No.Ka.No.U Mi Po/vada /pala/ va.Ah/ Ko.Viva.P.Ku.No./Ah/ 03 dated 25.01.2003 and quash the same.

For petitioner :

Mr.S.Arjun for Mr.S.B.Viswanathan For Respondent :

Mr.S.Gunasekar

O R D E R

This petition has been filed to issue a writ of Certiorari calling for the records from the file of the respondent in Ref.No.Ka.No.U Mi Po/vada /pala/ va.Ah/ Ko.Viva.P.Ku.No./Ah/ 03 dated 25.01.2003 and quash the same.

2. The petitioner was enjoying electricity service connection nos.43 and 292 which were given for agricultural purpose. While so, the respondent disconnected the power supply on 25.01.2003 by the impugned order, on the ground that the petitioner was drawing water directly from the Shanmuga Nadhi

P.N.PRAKASH, J.

gms against the terms of the connection. Challenging the order, the petitioner has filed the present writ petition.

3. At the time of admission, this Court by order dated 30.01.2003, had directed the respondent to immediately restore the connection on the short ground that the respondent had disconnected the power supply without even conducting any enquiry.

4. The learned counsel for the petitioner and the learned counsel for the TNEB submitted that pursuant to the order dated 30.01.2003, the power supply has been restored to connection no.43.

5. Under such circumstances, this writ petition becomes infructuous. However, if it is found that the petitioner is illegally drawing water by misusing the power supply, it is open to the respondent to give notice to the petitioner to explain and take action against him in accordance with law. With the above direction, this petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 16.12.2016 gms To The Assistant Engineer Operation Maintenance/North Tamil Nadu Electricity Board Palani, Dindigul District.

W.P No.2932 of 2003 http://www.judis.nic.in