S.C.Annamalai, v. The Superintendent Engineer/Enforcement,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P. No.14341 of 2024 and W.M.P. No.15567 of 2024 S.C.Annamalai . . Petitioner Vs 1.The Superintendent Engineer/Enforcement Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai Chennai - 600 002 2.Assistant Executive Engineer/Enforcement Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Chennai South (Kanchipuram Circle) 3.Assistant Executive Engineer (KEDC) (Operation & Maintenance) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Athimanjeripet, Pallipattu Taluk Tiruvallur District . .Respondents Page No:1/5
PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to issue the provisional assessment order u/s 126 of Electricity Act, 2003 for the inspection dated 07.05.2024 in the petitioner service connection No.08-353-007-215 and conduct fair enquiry by giving opportunity of personal hearing. For Petitioner : Mr.S.Arun Kumar For Respondents : Mr.L.Jai Venkatesh, Standing Counsel
ORDER
This writ petition is filed to direct the respondents to issue the provisional assessment order under Section 126 of the Electricity Act, 2003 for the inspection conducted on 07.05.2024.
2. Mr.L.Jaivenkatesh, the learned standing counsel takes notice on behalf of the respondents/TANGEDCO and submits that after inspection conducted on 07.05.2024, the provisional assessment order was made ready only on 15.05.2024 and the same was duly served to the learned counsel appearing for the petitioner in the open court today. The petitioner is directed to file his objection within a period of seven days and the authorities concerned, shall pass appropriate orders within a period of 30 days. If the petitioner is aggrieved Page No:2/5
by the order passed by the respondents, he may prefer a statutory appeal before the appellate authority within a period of 30 days from the date of order of the respondents or the authorities concerned.
3. According to the learned standing counsel, the outstanding amount due as on date is Rs.93,541/- as per the inspection conducted by the TANGEDCO on 07.05.2024, hence the petitioner is directed to deposit a sum of Rs.25,000/- on or before 19.06.2024. The respondents are directed not to take any coercive action till a decision is taken by the appellate authority.
4. The writ petition is disposed of with the above direction. No costs. Consequently, the connected writ miscellaneous petition is closed. 29.05.2024 Index : Yes / No Speaking/non speaking order Vrc/Asr Page No:3/5
To 1.The Superintendent Engineer/Enforcement Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai Chennai - 600 002 2.Assistant Executive Engineer/Enforcement Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Chennai South (Kanchipuram Circle) 3.Assistant Executive Engineer (KEDC) (Operation & Maintenance) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Athimanjeripet, Pallipattu Taluk Tiruvallur District Page No:4/5
J.SATHYA NARAYANA PRASAD, J.
Vrc/Asr W.P. No.14341 of 2024 and W.M.P. No.15567 of 2024 29.05.2024 Page No:5/5