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Madras High CourtWP/18705/2026disposed of

M/S.Sivasakthi Hatcheries And Farms v. The Superintending Engineer

2026-06-02Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ AND WMP NO. 19985 OF 2026 M/s.Sivasakthi Hatcheries and Farms Rep. by its Partner C.V.Subramaniam, S/o.Late.Velusamy Gounder, 1/300, Udumalpet Road, Chithambalam, Palladam-641 664, Tiruppur District.

..Petitioner(s) Vs

1. The Superintending Engineer Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Udumalpet, Tiruppur District.

2. The Executive Engineer (Operation and Maintenance) Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Udumalpet, Tiruppur District.

3. The Assistant Executive Engineer (Operation and Maintenance), Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Madathukulam, Tiruppur District.

4. The Junior Engineer (Operation and Maintenance) TN Generation and Distribution co., West Kumaralingam, Madathukulam Taluk, Tiruppur District.

..Respondent(s)

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 01.11.2025 made in letter No.SE/O/Cbe/EA/F.HT Appeal/D No.1457/2025 passed by the 1st respondent confirming the impugned order Letter No.EE/O and M/UDT/CI/F.HT SC 387/D No. ../05 dated 10.09.2025 passed by the 2nd respondent, quash the same and consequently direct the respondents to conduct an enquiry afresh in compliance with the mandate of sections 126 and 127 of the Electricity Act, 2003 with regard to the allegation of unauthorized usage as per the inspection report dated 08.09.2025. For Petitioner(s):

Mr. N.Manokaran For Respondent(s):

Mr.Jai Venkatesh, Standing Counsel Order By consent of learned counsel on both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed challenging the order dated 01.11.2025 made in letter No.SE/O/Cbe/EA/F.HT Appeal/D No.1457/2025 passed by the 1st respondent confirming the impugned order Letter No.EE/O and M/UDT/CI/F.HT SC 387/D No. ../05 dated 10.09.2025 passed by the 2nd respondent and seeking a direction to the respondents to conduct an enquiry afresh in compliance with the mandate of sections 126 and 127 of the Electricity Act, 2003 with regard to the alleged unauthorized usage as per the inspection report dated 08.09.2025.

3. According to the petitioner, there was a challenge to the provisional order of assessment dated 10.09.2025. According to the learned Standing Counsel for the respondents, challenge was in fact to the final order of assessment dated 19.09.2025. Petitioner would submit that final order of assessment has not been served. Appeal was also dismissed vide order dated 01.11.2025.

4. The learned counsel for the petitioner would submit that without going into the above question as to whether the final assessment order was in fact passed and served on the petitioner, he would submit that 50% of the assessed amount has already been paid. He would only seek indulgence of this Court to remit the remaining 50% of the assessed amount in equal instalments.

5. The learned Standing Counsel for the respondents would submit that the petitioner may be directed to pay the remaining amount in one lumpsum.

6. After considering the rival submissions of both sides, this Court is inclined to direct the petitioner to deposit the remaining 50% of the assessed amount in three equal instalments along with the belated payment surcharge.

7. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

02-06-2026 Index: Yes/No Speaking/Non-speaking order GSK

To

1. The Superintending Engineer Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Udumalpet, Tiruppur District.

2. The Executive Engineer (operation and maintenance) Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Udumalpet, Tiruppur District.

3. The Assistant Executive Engineer (Operation and Maintenance), Udumalpet Electricity Distribution Circle, TN Generation and Distribution co., Madathukulam, Tiruppur District.

4. The Junior Engineer (Operation and Maintenance) TN Generation and Distribution co., West Kumaralingam, Madathukulam Taluk, Tiruppur District.

MOHAMMED SHAFFIQ J.

GSK AND WMP NO. 19985 OF 2026 02-06-2026