V. Murugesan, v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2012 V.Murugesan ... Petitioner Vs.

1.The Supreintending Engineer, Dindigal Electricity Distribution Circle, TANGEDCO, Dindigul District.

2.The Assistant Engineer, Angu Nagar Section, TANGEDCO, Dindigul-624 002.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, for the records relating to the Proceedings of the second respondent in Letter No.c.kp.ngh/mq;F/jpjy;/tNk/m.vz;/133, dated 17.08.2012 and quash the same and direct the respondents to give proper opportunity to the petitioner for submit the petitioner's explanation and consider the same.

For Petitioner : No Appearance For Respondent : Mr.S.Deena Dhayalan Standing Counsel 1/4

ORDER

The present writ petition has been filed challenging an order passed by the second respondent herein, under which an amount was demanded towards short levy due to defective meter, which was discovered during audit objection.

2. A perusal of the impugned order discloses that the impugned order has been passed merely based upon the audit objection. No show cause notice has been issued to the writ petitioner before passing the impugned order. Hence, the impugned order is set aside. The second respondent is directed to issue a show cause notice to the writ petitioner and consider the objections submitted by the writ petitioner and pass a reasoned order. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With the above said observations, this Writ Petition is allowed. No costs.

29.07.2022 Index :

Yes / No Internet :

Yes / No 2/4

gbg To 1.The Supreintending Engineer, Dindigal Electricity Distribution Circle, TANGEDCO, Dindigul District.

2.The Assistant Engineer, Angu Nagar Section, TANGEDCO, Dindigul-624 002.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

29.07.2022 4/4