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Madras High CourtWP/3470/2024closed

D.Ramasamy v. The Executive Engineer

2025-11-24Honourable Mr Justice M.Dhandapani8 pages

and W.M.P.Nos.3725, 15531 & 15532 of 2024 M.DHANDAPANI , J.

These matters are listed before this Court under the caption ''for being mentioned'' at the instance of the Registry.

2. It is brought to the notice of this Court that vide common order, dated 24.11.2025, this Court had disposed of these writ petitions. However, inadvertently, the prayer of writ petition in W.P.No.14297 of 2024 has not been typed in the preamble portion of the order. Therefore, the Registry seeks appropriate directions.

3. This Court perused the order, dated 24.11.2025 and it is seen that the prayer of W.P.No.14297 of 2024 has not been typed in the preamble portion of the order. In view of the same, the following shall be included in the preamble portion of the order dated 24.11.2025 just before the appearance of the parties :- "Prayer in W.P.No.14297 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed in Ka.No:

Se.Po/E&Kaa/Ari/Varai/Ko:Kattu/A.No.72/24 and Lr.No.EE/O&M/AYR/DM/F. Theft/D.No.73/2024 dated 15.05.2024 by the 2nd respondent and quash the same as illegal and consequently direct the respondents herein not to initiate any proceedings pursuant thereto."

M.DHANDAPANI, J.

sp

4. Registry is directed to carry out the aforesaid correction in the common order dated 24.11.2025 and issue corrected order copy to the parties.

21.01.2026 sp and W.P.Nos.3725, 15531 & 15532 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.3725, 15531 & 15532 of 2024 D.Ramasamy ... Petitioner in both WPs Vs.

1.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Ariyalur.

2.The Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Kallankurichi Road, Ariyalur.

3.The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Thelur, Ariyalur.

... Respondents in both WPs Prayer in W.P.No.3470 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed in Ka.No.VuSePoo/Eka/Aari/Va Aa/Koo.Nithi.Va/A.No.024/2024, dated 31.01.2024 by the 2nd respondent and quash the same as illegal and Page No.3 of 8

consequently direct the 2nd and 3rd respondents to stop any coercive action against the petitioner's agricultural electricity connection till the disposal of appeal dated 08.12.2021 pending on the file of the 1st respondent. For Petitioner (in both WPs) : Mr.R.Venkatesulu For Respondents (in both WPs) : Mr.D.Suresh Kumar Standing Counsel ***** COMMON ORDER Since the issue involved in these writ petitions is inter-connected, with the consent of the learned counsel appearing for the parties, these writ petitions are heard together and disposed of by way of this common order.

2. The petitioner had availed electricity service connection from the respondents. Whileso, on 24.07.2010, the officials of the respondentElectricity Board came to the petitioner's land and found that the petitioner is illegally drawing water from a kuttai, and thereby committed the offence of theft of electricity. Thereafter, the respondents have threatened the petitioner to pay a sum of Rs.24,000/- for compounding the offence and to avoid disconnection of electricity service connection, and therefore, the petitioner has paid the said amount on protest. Page No.4 of 8

Thereafter, the respondents have disconnected the electricity connections and also passed an order demanding Rs.1,79,770/- for restoration of electricity service connection, against which, the petitioner has preferred appeals and finally before the 1st respondent. The 1st respondent, vide order, dated 24.01.2022 rejected the petitioner's appeal, against which, the petitioner has filed a writ petition in W.P.No.5429 of 2022 before this Court and this Court, vide order, dated 26.07.2022, disposed of the same, directing the 1st respondent to pass orders on the petitioner's appeal dated 08.12.2021. Pending appeal, the 2nd respondent has passed the impugned order dated 31.01.2024, directing the petitioner to pay a sum of Rs.1,25,839/- + BPSC to the respondents, failing which, the electricity service connection will be disconnected.

Challenging the same, the petitioner has filed W.P.No.3470 of 2024 before this Court. In W.P.No.3470 of 2024, this Court, vide order dated 16.02.2024, has directed the respondent to restore the electricity service connection and accordingly, the 3rd respondent has restored the same. Once again, the 2nd respondent passed an order dated 15.04.2024, directing the petitioner to pay the balance amount of Rs.1,25,839/- + BPSC. Challenging the same, the petitioner has filed W.P.No.14297 of 2024 before this Court. Page No.

3. Learned counsel for the petitioner submitted that the petitioner was forced to pay the compounding charges of Rs.24,000/-. Apart from that, the petitioner has also paid Rs.78,931/- as per the orders of this Court and the balance amount to be paid by the petitioner is Rs.1,00,839/-. Hence, he submitted that this Court may permit the petitioner to pay the said amount without any interest or BPSC, within a time frame that may be fixed by this Court and upon receipt of the same, the respondents may be directed to close the case against the petitioner.

4. Learned Standing Counsel appearing for the respondents submitted that the total demand amount is Rs.1,79,770/- and the petitioner has admittedly paid a sum of Rs.78,931/-, and thereby, the petitioner has to pay the balance sum of Rs.1,00,839/- along with BPSC. Accordingly, he prays for appropriate orders.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the impugned demand amount is Rs.1,79,770/- and as on date, apart from the compounding charges of Rs.24,000/-, the petitioner has paid a sum of Rs.78,931/-. Since the petitioner has come Page No.6 of 8

forward to pay the balance demand amount of Rs.1,00,839/-, this Court is inclined to direct the petitioner to pay the said amount without any interest and BPSC.

7. Accordingly, the petitioner is directed to pay the balance demand amount of Rs.1,00,839/- without interest or BPSC to the respondents, within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of the same, the respondents are directed to close the case against the petitioner.

8. With the above directions, these Writ Petition are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 24.11.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Executive Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Ariyalur.

Page No.7 of 8

M.DHANDAPANI, J.

sp 2.The Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Kallankurichi Road, Ariyalur.

3.The Assistant Engineer, (Operation and Maintenance), Tamil Nadu Electricity Board, Thelur, Ariyalur.

24.11.2025 Page No.8 of 8