Madras High CourtWP/3866/2019disposed of

S.Shanthi v. The Assistant Executive Engineer Operation And Maintenance,

2019-03-11Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3866 of 2019 and W.M.P.No.4294 of 2019 S.Shanthi ..Petitioner -vsThe Assistant Executive Engineer Operation and Maintenance TANGEDCO Vandavasi 604 408 Tiruvannamalai District ..Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of the respondent relating to the order Letter No.39/AEE/O&M/TVM daed 30.01.2019 to quash the same. For Petitioner :: Mr.J.Muthukumaran For Respondent ::

Mr.M.Varunkumar Standing Counsel

ORDER

This writ petition is directed against the impugned order of provisional assessment issued in Form-9 (see Regulation 23(AA) (8)), for theft of energy under Section 135/138 of the Electricity Act, 2003, on the ground that without furnishing the three documents, namely, copy of inspection report, copy of the statement recorded, if any, and the copy of mahazar, the respondent cannot proceed to pass the provisional assessment order for theft of energy.

2. This Court, while entertaining the writ petition, on 9.2.2019, passed an order directing the respondent to restore the electricity service connection. This apart, the petitioner was also furnished with all the aforementioned documents. Now the petitioner has to give her latest reply.

https://hcservices.ecourts.gov.in/hcservices/

3. This Court grants a week's time from the date of receipt of a copy of this order to the petitioner to submit her reply/objection. On receipt of the same, the respondent shall consider and pass appropriate orders on merits, within a period of ten days thereafter. With this observation, the writ petition stands disposed of. Consequently, W.M.P.No.4294 of 2019 is closed. No costs.

ss Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Assistant Executive Engineer Operation and Maintenance TANGEDCO Vandavasi 604 408 Tiruvannamalai District +1cc to Mr.J.Muthukumaran, Advocate, SR.No.22918 +1cc to Mr.M.Varunkumar, Advocate, SR.No.23434 W.P.No.3866 of 2019 Kak(30/05/2019) https://hcservices.ecourts.gov.in/hcservices/