Kannadhasan N v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.4779 of 2023 S.Kannadhasan ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Thanjavur.

2.The Executive Engineer, Operation and Maintenance, Rural Orathanadu, Thanjavur District.

3.The Assistant Executive Engineer, Operation and Maintenance, Rural Orathanadu, Thanjavur District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in connection with the proceedings of the third respondent dated 27.01.2023 in Lr.No.AEE/O&M/R/ORD/f. Doc/D. No.416A/2022-23 u/s. 135/138 of the Electricity Act, 2003 and quash the same subsequently retain the service connection No.438-003-1173/T.f. IV distribution pulvandkadu located in S.F No.223/8B.

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For Petitioner : Mr.R.M.Loganathan For Respondents : Mr.S.Deendhayalan

ORDER

Heard both sides.

2.The petitioner is enjoying free electricity service connection. He is said to have indulged in unauthorised use of electricity. Provisional assessment order passed on 27.12.2022. The petitioner gave reply on 02.01.2023. Final order was passed on 27.01.2023. The petitioner has been called upon to pay a sum of Rs.10.00 lakhs. Challenging the same, this writ petition has been filed. Since in the meanwhile, supply was also cut off, the petitioner seeks restoration.

3.After hearing the learned counsel on either side, I am satisfied that some relief can be given to the petitioner. It is seen that the petitioner had purchased machinery for shrimp farm on 10.11.2022. Inspection was done on 27.12.2022. The petitioner had also applied for a new service connection for the shrimp form on 14.11.2022. The petitioner has thus made out a prima facie case for reduction of the maximum period for computing the assessment charges. In fact, Clause 23AA(7) of the Regulation states that the authorised officer may reduce the period of twelve months if case therefor is made out. The petitioner has given an 2/3

elaborate reply on 02.01.2023. The final order is absolutely non-speaking. It is for this reason, I propose to intervene. I am persuaded to do so because the petitioner has undertaken that he will pay a sum of Rs.2.00 lakhs to TANGEDCO. Once the payment is done, the petitioner's electricity supply shall be restored. The impugned order is set aside and the matter is remitted to the file of the third respondent. The third respondent will hear the petitioner and pass a fresh order dealing with the petitioner's contention. If the petitioner fails to abide by this undertaking to pay a sum of Rs.2.00 lakhs to TANGEDCO, the benefit of this order will stand automatically vacated.

4.This writ petition is allowed on these terms. No costs. Connected miscellaneous petition is closed.

12.03.2024 Internet : Yes/No Index : Yes/No skm To 1.The Superintending Engineer,TANGEDCO, Thanjavur. 2.The Executive Engineer, Operation and Maintenance, Rural Orathanadu, Thanjavur District.

3.The Assistant Executive Engineer, Operation and Maintenance, Rural Orathanadu, Thanjavur District.

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G.R.SWAMINATHAN, J.

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