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Madras High CourtWP/4569/2022disposed of

P.Unnamalai v. The Assistant Executive Engineer

2022-06-06Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.4569 OF 2022 AND W.M.P.NO.4708 OF 2022 P.Unnamalai ... Petitioner Vs.

The Assistant Executive Engineer, Tamil Nadu Electricity Board, Operation & Maintenance, K.K. Nagar, CEDC/South, Chennai - 600083.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to restore the petitioner's Electricity Service consequentially not to impose exorbitant penalty and to provide necessary mechanism to ease the petitioner to pay the Electricity Consumption Bill regularly for the Electricity Service Connection bearing service No.237-020-1568, to the petitioner's building at No.20/41, 69th Street, R.V.Nagar, Ashok Nagar, Chennai - 600083, based on the representation dated 10.02.2022.

For Petitioner : Mr.V.Ramana Reddy For Respondent : M/s.Revathy for Mr.L.Jai Venkatesh

ORDER

This Writ Petition has been filed for a Mandamus, seeking for restoration of the petitioner's electricity connection, which was disconnected on 21.02.2022 by the respondent.

2. According to the petitioner, prior to the disconnection, she had given a representation on 10.02.2022, requesting the

respondent to give particulars of the demand made by them. However, without giving the particulars, the respondent has disconnected her electricity service connection on 21.02.2022. According to the petitioner, the disconnection is arbitrary and illegal.

3. However, it is contended by the learned counsel for the respondent that the petitioner did not pay the consumption charges and only on that score, her electricity service connection was disconnected. According to her, even after disconnection, the petitioner has somehow managed to get the electricity restored through unlawful means, therefore, she has also committed theft of electricity. However, the learned counsel for the petitioner disputes the contention of the learned counsel for the respondent.

4. No prejudice will be caused to the respondent if the petitioner is allowed to submit a fresh representation, seeking for restoration of electricity service connection and thereafter, the respondent passes final orders after affording fair hearing to the petitioner and also by granting her the right of personal hearing, within a time frame to be fixed by this Court.

5. Since the electricity service connection has been disconnected, the respondent will have to pass the final orders expeditiously. This Court deems it fit to grant four weeks time to pass final orders.

6. For the foregoing reasons, this Writ Petition stands disposed of, by directing the petitioner to submit a fresh representation to the respondent, seeking for restoration of electricity service connection for her property bearing Door No.20/41, Ashok Nagar, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting her the right of personal hearing, within a period of four weeks, thereafter. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Sni

To The Assistant Executive Engineer, Tamil Nadu Electricity Board, Operation & Maintenance, K.K. Nagar, CEDC/South, Chennai - 600083.

+1cc to M/s.V.Ramana Reddy, Advocate, S.R.No.32283 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.32317 W.P.No.4569 of 2022 MT(CO) RLP(30/06/2022)