Madras High CourtWP(MD)/836/2023allowed

Subramanian.N v. The Executive Engineer (Distribution)

2023-02-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.813 & 814 of 2023 N.Subramanian ... Petitioner Vs.

1.The Executive Engineer (Distribution), TANGEDCO, Karaikudi, Sivaganga District.

2.The Assistant Engineer, TANGEDCO, Karaikudi Town (North), Karaikudi, Sivaganga District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the first respondent in f.vz;.nr.ngh/g/fhiu/cfm/tgp/fhiu/Nfh.ePjpkd;wk/;m.vz;.2425/22, dated 26.12.2022 and consequential proceedings of the second respondent in Letter No.AE/T/N/KKDI/CI/F.Court Case D.No.237/2022-23, dated 26.12.2022 and quash the same and consequently forbearing the respondent herein from changing the Classification of Electricity Service Connection bearing Service Connection No.401-003-517 in the name of M/s.Hotel Sugam International, 1/4

Karaikudi Town, Sivaganga District from Industrial Service connection to any other mode without due process of law.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard the learned Counsel on either side.

2. The order impugned in the writ petition is set aside only on the ground of violation of principles of natural justice. I have not gone into the merits of the matter. The learned Standing Counsel states that the petitioner is not cooperating and that they are not able to serve the notice on him. In order to avoid the difficulties projected by the learned Standing Counsel, I direct the petitioner to appear before the first respondent on 08.02.2023 at 03.00 pm. The petitioner will not receive any notice from the respondents. On the said date an enquiry shall be conducted and thereafter final order will be passed. This writ petition stands allowed on these terms. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 02.02.2023 2/4

NCC : Yes / No Index : Yes / No Internet : Yes / No Btr Note: Issue order copy on 03.02.2023.

To 1.The Executive Engineer (Distribution), TANGEDCO, Karaikudi, Sivaganga District.

2.The Assistant Engineer, TANGEDCO, Karaikudi Town (North), Karaikudi, Sivaganga District.

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G.R.SWAMINATHAN, J.

Btr and W.M.P(MD)Nos.813 & 814 of 2023 02.02.2023 4/4