Madras High CourtWP/26887/2018disposed of

M.Subramani, v. The Chairman Cum Managing Director,

2023-02-07Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN Writ Petition No.26887 of 2018 M.Subramani ... Petitioner

Versus

1. The Chairman Cum Managing Director, No.800, 10th Floor, N.P.K.R.R.Maaligai, Anna Salai, Chennai -2.

2. The Director, Directorate of Vigilance and anti-corruption, No.293, M.K.N.Road, Alandur, Chennai-16.

3. The Divisional Executive Engineer (Generation and Maintenance) Divisional Executive Engineer Office, Thirupathur Electricity Distribution Division, Tamil Nadu Electricity Generation and Maintenance Board, Vaniyambadi, Vellore District.

4. The Superintendent of Executive Engineer, (Divisional Executive Engineer Office), Thirupathur Electricity Distribution Division, Tamil Nadu Electricity Generation and Maintenance Board, Thirupathur, Vellore District.

5. The Assistant Executive Engineer, 1/6

(Electricity Theft Division) Chief Engineer Office, Ganthi Nagar, Katpadi, Vellore District.

6. A.Prabu 7.Dheivamalar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 4th respondents to remove the illegal electric wire made by the 6th and 7th respondents for energy theft from my electricity service connection SS-IV, S.No.55 in my Survey No.329/2 to their bore well situated in Survey No.330/3 at Pethavepampattu Village, Vallipattu Post, Vaniyampadi Taluk, Vellore District by considering my representation dated 28.08.2018. For Petitioner : Mr.T.Meganathan For R1 to R5 : Mr.S.Madhuudanan (TNEB)

ORDER

The Writ Petition has been filed in the nature of a Writ of Mandamus seeking a direction to the 1st - 4th respondents to remove the electricity connection made by the 6th and 7th respondents for energy theft from the service connection of the petitioner SS-IV in S.No.55 in 2/6

Survey No.329/2 to their bore well situated in Survey No.330-3 at Pethavepampattu Village, Vallipattu Post, Vaniyampadi Taluk at Vellore District.

2. The petitioner has a grievance against the 6th and 7th respondents that they had been tapping electricity unlawfully from the service connection of the petitioner to their bore well.

3. It was represented that the said wire connection put up by the said 6th and 7th respondents had been removed by the 1st - 4th respondents. A fine was also imposed.

4. The learned counsel for the petitioner however has a grievance. He states that the 6th and 7th respondents still continue to draw electricity from the petitioner's service connection. A direction is issued to the 5th respondent/Assistant Executive Engineer (Electricity Theft Division) to ensure that he discharges duty as a public servant and not as a person under private employment of the 6th and 7th respondents. He should not 3/6

facilitate taking of connection unlawfully by the 6th and 7th respondents. If again, the petitioner comes to know about the unlawful connection being taken by the 6th and 7th respondents, it is made clear that the 5th respondent shall be called into question and should answer for such illegal service connection taken by the 6th and 7th respondents.

5. Observing as above, the Writ Petition stands disposed of. No order as to costs.

07.02.2023 ssi Index : Yes/No Internet : Yes/No To:

1. The Chairman Cum Managing Director, No.800, 10th Floor, N.P.K.R.R.Maaligai, Anna Salai, Chennai -2.

2. The Director, Directorate of Vigilance and anti-corruption, No.293, M.K.N.Road, Alandur, Chennai-16.

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5. The Assistant Executive Engineer, (Electricity Theft Division) Chief Engineer Office, Ganthi Nagar, Katpadi, Vellore District.

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C. V. KARTHIKEYAN,J.

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