M.Srabhudheen Ahmed, v. The Assistant Accounts-

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 & 2 of 2013 M.Srabhudheen Ahmed ... Petitioner Vs.

1.The Assistant Accounts Officer, TNEB, Office of the Divisional Engineer, Nagarcoil, Kanyakumari District.

2.The Executive Engineer, TNEB, Boothapandy Section, Thituvilai, Kanyakumari District.

3.The Assistant Executive Engineer, (Distribution), TNEB, Boothapandy Section, Thituvilai, Kanyakumari District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the undated impugned notice passed by the third respondent, under Section 135 of the Indian Electricity Act, 2003 and quash the same and direct the third respondent to restore the 1/4

Electricity Connection to the petitioner's house (Customer No. 131-003-686) as per the representation of the petitioner to the third respondent, dated 12.10.2013.

For Petitioner : No appearance For Respondents : M/s.S.Deenadhayalan Standing Counsel

ORDER

The present Writ petition has been filed challenging a working sheet annexed to the provisional assessment order arising out of proceedings initiated under Section 135 of the Electricity Act, 2003.

2. According to the learned Standing Counsel appearing for the respondents herein, the petitioner has not offered their explanation to the provisional assessment order, dated 24.09.2013. Thereafter, final assessment order has been passed on 30.09.2013. The said order has also not been challenged. Hence, the present writ petition challenging the working sheet annexed to the provisional assessment order is not maintainable.

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3. I find force in the said submissions.

4. The present writ petition is dismissed as not maintainable. However, the petitioner is at liberty to challenge the final assessment order, if he is so advised. Hence, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

08.11.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Assistant Accounts Officer, TNEB, Office of the Divisional Engineer, Nagarcoil, Kanyakumari District.

2.The Executive Engineer, TNEB, Boothapandy Section, Thituvilai, Kanyakumari District.

3.The Assistant Executive Engineer, (Distribution), TNEB, Boothapandy Section, Thituvilai, Kanyakumari District.

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R.

VIJAYAKUMAR , J.

btr Order made in 08.11.2022 4/4