P.Vasantha v. The Assistant Engineer,

R.MAHADEVAN, J.

This matter is listed today under the caption 'for being mentioned' at the instance of learned counsel for the petitioner. 2.The learned counsel for the petitioner brought it to the notice of this court that on 28.10.2021, the learned counsel for the first respondent, upon instructions, submitted that the first respondent is inclined to accept the actual electricity consumption charges before disconnection at Rs.23,890/- from the petitioner and recover the balance sum of Rs.1,37,747/- from the third respondent / original owner of the property, which fact was not mentioned inadvertently in the order dated 28.10.2021 passed in WP.No.12752 of 2021. Therefore, the learned counsel prayed to incorporate the said fact in an appropriate place of the said order. 3.The learned counsel appearing for the first respondent fairly conceded the aforesaid submission made by the learned counsel for the petitioner.

4.In view of the submissions so made by the learned counsel for the 1/4

petitioner, which has been agreed upon by the learned counsel for the first respondent, this court is inclined to incorporate the submission made on the side of the first respondent in the order dated 28.10.2021 passed in WP.No.12752 of 2021. Accordingly, paragraph 10 of the order is modified as follows:

"10.At this juncture, the learned counsel for the first respondent, upon instructions, submitted that the first respondent is now inclined to accept the actual electricity consumption charges before disconnection at Rs.23,890/- from the petitioner and recover the another sum of Rs.1,37,747/- for 21,101 units recorded subsequent to the disconnection, from the third respondent / original owner of the property. In view of the same, this writ petition stands disposed of, leaving it open to the petitioner to pay the actual electricity consumption charges before disconnection to the first respondent. Upon production of receipt for payment of the same, the first respondent shall consider the petitioner's application with respect to grant of new service connection to the subject property and pass appropriate orders, as expeditiously as possible.

At the same time, liberty is given to the parties to proceed against the third respondent / original owner of the subject property for recovery of the electricity charges for the units recorded after disconnection, in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed."

Except the above, the order remains unaltered in all other aspects. 5.Registry is directed to issue order copy afresh to all the parties, after carrying out the necessary corrections. 23.12.2021 av 3/4

R.MAHADEVAN, J.

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