K.Poovendiran v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.11371 OF 2022 AND W.M.P.NO.10906 OF 2022 K.Poovendiran

...Petitioner

Vs 1.The Superintending Engineer, Mettur Electricity Distribution Circle, TANGEDCO, Mettur, Salem District.

2.The Assistant Executive Engineer, Operation & Maintenance, TANGEDCO, Mecherry, Salem District.

3.The Assistant Engineer (O&M), TANGEDCO, Kunjandiyur, Mettur Dam - 636 404, Salem District.

4.The District Collector, Salem District.

Salem.

5.The Executive Engineer, Public Works Department, Mettur Division, Mettur Dam, Salem District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to letter No.AEE/O & M/Mecherry/KO.Thani/ No.022/2022 dated 08.04.2022, to quash the same and to issue consequential directions to the respondents 1 to 4 to continue the power supply to the petitioner in S.C.No. 106-10-2137. TF. V, kunjandiyur Section, Mettur Circle, Erode Region. For Petitioner :

Mr.S.Balakrishnan

For R1 to R3 :

Mr.M.Abul Kalam Standing Counsel For R4 & R5 :

Mr.E.Sundaran Government Advocate

O R D E R

Mr.Abul Kalam, learned Standing Counsel accepts notice for R1 to R3 and Mr.E.Sundaram, learned Government Advocate accepts notice for R4 and R5, and is armed with instructions to enable disposal of this matter at this stage. Thus, by consent expressed by all learned counsels, this writ petition is disposed finally.

2.The impugned communication is a notice issued by TANGEDCO to the petitioner calling upon him to furnish due particulars including no objection certificate in relation to the property in which his shop is situated, S.C.No. 106-10-2137.TF.V, kunjandiyur Section, Mettur Circle, Erode Region. The allegation levelled as against the petitioner is that the certificate of no-objection that was produced, was found to be a fake. 3.Be that as it may, since the impugned proceedings constitute only a notice and the petitioner states that he has responded to the same on 21.04.2022, it is incumbent upon the authorities to consider the reply of the petitioner, furnish all documents that they rely upon in support of their allegations, grant sufficient opportunity to the petitioner to support his stand and thereafter pass orders in accordance with law and all applicable rules and regulations.

4.Let this process be completed within a period of four (4) weeks from today. Till such time proceedings under show cause notice dated 08.04.2022 are taken to their logical conclusion or for a period of four weeks from today, whichever is earlier, the supply of electricity to the petitioner's premises shall not be disturbed.

5.With this, this Writ Petition is disposed. No costs. Connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar Jeni/Vs

To 1.The Superintending Engineer, Mettur Electricity Distribution Circle, TANGEDCO, Mettur, Salem District.

2.The Assistant Executive Engineer, Operation & Maintenance, TANGEDCO, Mecherry, Salem District.

3.The Assistant Engineer (O&M), TANGEDCO, Kunjandiyur, Mettur Dam - 636 404, Salem District.

4.The District Collector, Salem District. Salem.

5.The Executive Engineer, Public Works Department, Mettur Division, Mettur Dam, Salem District.

W.P.No.11371 of 2022 NRJK(CO) RVM(30/05/2022)