M.Gopal v. Gnanaswaran

Cont.P(MD)No.193 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Cont.P.(MD)No.193 of 2022 M.Gopal : Petitioner Vs.

Mr.Gnanaswaran, Superintending Engineer, Tamil Nadu Electricity Board (TANGEDCO), Kovilpatti, Thoothukudi District.

: Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for the willful and deliberate disobedience to the orders of this Court made in W.P.(MD) No.20543 of 2013, dated 23.04.2021.

Prayer in WP(MD). 20543/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to grant electricity supply to the petitioner s premises in S.C No. PE 249 situated at D.No. 358, Pasuvanthanai Road, Kovilpatti and pass such further or other orders.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.S.Deenadhayalan Standing Counsel

ORDER

Alleging non-compliance of the orders of this Court in W.P.(MD) No.20543 of 2013, dated 23.04.2021, the petitioner has filed this contempt petition.

2.Learned Standing Counsel for the respondent submitted that when the writ petition in W.P.(MD)No.20543 of 2013 came up for hearing, the petitioner confined his relief for a direction to the respondent to dispose of the appeal filed by him on 17.04.2013. Accordingly, this Court has directed the respondent to dispose of the appeal filed by the petitioner on 17.04.2013, within a period of six months.

3.He further submitted that the petitioner was charged for theft of energy under Section 135 of the Electricity Act and as per https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.193 of 2022 the said provisions, there is no remedy for any appeal to the aggrieved party. However, by inadvertence, the same has not been placed before this Court. Therefore, they have filed a writ appeal, with a delay condonation petition in C.M.P.(MD)No.10768 of 2021, wherein, notice was ordered by the Division Bench of this Court. 4.In view of the aforesaid submission and since the issue has been seized-off by the Division Bench of this Court, this contempt petition stands closed. It is open to the petitioner to work out his remedy in the writ appeal before the Division Bench. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) +1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-15834[F] dated 31/03/2022 ) Cont.P.(MD)No.193 of 2022 30.03.2022 SG(CO) KB(07.04.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2