R.Suresh v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.7073 of 2021 and WMP.No.7588 of 2021 R. Suresh
...Petitioner
Vs
1. The Superintending Engineer TANGEDCO CEDC, West No.110, SS Complex Thirumangalam Chennai 40.
2. The Assistant Divisional Engineer TANGEDCO No.253 P Block, MMDA Colony Arumbakkam Chennai 600 106.
3. The Assistant Engineer TANGEDCO No.253 P Block, MMDA Colony Arumbakkam Chennai 600 106.
4. The Anti Power Theft Squad TANGEDCO No.144 Anna Salai TANGEDCO Chennai 600 002.
...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents not to disconnect the Electricity Service Connection bearing No.09-164-003-89 in respect of property situated at No.74/70, 4th Street, Officers Colony, Mehta Nagar, Aminjikarai, Chennai 600 029, without furnishing the work sheet and giving opportunity to the petitioner.
For petitioner ...
Mr.K.Venkateswaran For respondents ...
Mr.P.R.Dhilip Kumar Standing Counsel
O R D E R
Instant Writ Petition has been filed, to direct the respondents not to disconnect the Electricity Service Connection, bearing No.09-164-003-89, in respect of property situated at No.74/70, 4th Street, Officers Colony, Mehta Nagar, Aminjikarai, Chennai 600 029, without furnishing the work sheet and giving opportunity to the petitioner.
2. The case of the petitioner is that on 10/3/2021, the fourth respondent has noted down that in the petitioner's premises, there is some theft of energy in respect of Service No.091-164-003-89 and imposed a fine of Rs.8,000/- for compounding the said offence. The fourth respondent also claimed a sum of Rs.1,08,412/-, as a penalty and another sum of Rs.1,14,306/- and directed the petitioner to pay on or before 31/3/2021.
3. The grievance of the petitioner is that without furnishing any worksheet and without offering him an opportunity, the respondents have calculated this amount and has also directed the petitioner to pay the amount on or before 31/3/2021.
4. Mr.Dhilip Kumar, learned Standing Counsel takes notice for the respondents and would submit that he would get instructions as to the nature of theft of energy and would also get the work sheet based on which the demand has been made.
5. Since the grievance of the petitioner is that he has not been served with any worksheet and has not been offered with any opportunity before the demand is made, this Court is inclined to allow this writ petition, with a direction to the respondents to furnish the petitioner the worksheet, based on which they have made the demand from the petitioner. The third respondent shall also provide an opportunity of hearing, within a period of two weeks from the date of receipt of a copy of this order. Till then, the respondents shall not take any cohesive action as against the petitioner. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Superintending Engineer TANGEDCO CEDC, West No.110, SS Complex Thirumangalam Chennai 40.
2. The Assistant Divisional Engineer TANGEDCO No.253 P Block, MMDA Colony Arumbakkam Chennai 600 106.
3. The Assistant Engineer TANGEDCO No.253 P Block, MMDA Colony Arumbakkam Chennai 600 106.
4. The Anti Power Theft Squad TANGEDCO No.144 Anna Salai TANGEDCO Chennai 600 002.
+1cc to Mr.K.Venkateswaran, Advocate SR.NO..16954 AKM/08.04.21/ 3P- 4C/ Writ Petition No.7073 of 2021 17/3/2021