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Madras High CourtWP(MD)/11907/2019disposed of

K.Palaniappan, v. The Assistant Executive

2019-05-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.11907 of 2019 & W.M.P.(MD)Nos.9003 to 9005 of 2019 K.Palaniappan ... Petitioner Vs The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO/TNEB, Ayyermalai, Karur District.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of Form-8A [SC.No.049-010-223/TF.IV], dated 06.05.2019, issued by the respondent, quash the same as illegal and consequently, direct the respondent to hear the petitioner.

For Petitioner : Mr.R.Murugappan For Respondent : Mr.G.Kasinathadurai

ORDER

The petitioner has filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of Form-8A [SC.No.049-010-223/TF.IV], dated 06.05.2019, issued by the respondent, and consequently, direct the respondent to hear the petitioner.

2.Mr.G.Kasinathadurai, learned standing counsel takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner submitted that the respondent has passed an impugned order as if the petitioner extended his electricity service connection to his neighbouring land for agricultural purpose by way of fraudulent and dishonest intention and thereby, committed theft of electricity to the tune of Rs.1,75,355/-. Aggrieved over the said order, the petitioner has filed the present writ petition for the relief stated supra.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioner further submitted that the petitioner is challenging the impugned order

dated 06.05.2019, wherein the respondent herein directed the petitioner to pay a sum of Rs.1,75,355/-, for which, the petitioner made an objection petition before the respondent and therefore, a direction may be issued to the respondent to consider the objection petition filed by the petitioner and pass appropriate orders on the same.

5.The learned standing counsel appearing for the respondent has also conceded to the submission of the learned counsel appearing for the petitioner.

6.Considering the limited request made by the learned counsel appearing for the petitioner, this Court directs the respondent to consider the objection petition filed by the petitioner and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order and thereafter, the respondent shall take appropriate action against the petitioner, in accordance with law.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. sd/ Deputy Registrar(LA) /True Copy/ Sub Assistant Registrar To The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO/TNEB, Ayyermalai, Karur District.

+1 CC to Mr.R.MURUGAPPAN, Advocate ( SR-65909[F] dated 16/05/2019 ) W.P.(MD)No.11907 of 2019 15.05.2019 smn2 MK (21.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/