Kala v. The Assistant Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.24343 of 2024 Kala : Petitioner Vs.

The Assistant Executive Engineer, Operation and Maintenance, TNEB/TNP DCL, Madukur, Thanjavur District.

: Respondent P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to impugned Final Assessment Order in Letter No.AEE/O and M/MDR/F.Theft/D No.205/2025, dated 24.02.2025 in pursuant to Provisional Assessment Order in Letter No.AEE/O and M/MDR/F.Theft/D No.160/2025, dated 10.02.2025, issued by the respondent and quash the same as illegal.

For Petitioner : Mr. R.M.Loganathan For Respondent : Mr.S.Deenadhayalan 1/4

O R D E R

Challenging the assessment order dated 24.02.2025 passed by the respondent, the present writ petition has been filed by the petitioner.

2. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that the petitioner is ready to pay a sum of Rs.25,000/- of the outstanding amount and requests this Court to direct the respondent to consider the reply submitted by the petitioner.

3. The learned Standing Counsel appearing on behalf of the respondent submitted that, based on the allegation of theft of energy committed by the petitioner, the respondent issued an assessment notice for the offence punishable under Section 135 of the Electricity Act, 2003, and informed the petitioner to pay a sum of Rs. 1,40,298/- as the assessment amount. However, the respondent will consider the reply and pass appropriate orders within a specified time frame. 2/4

4. Recording the above submissions, the writ petition is disposed of, directing the petitioner to pay a sum of Rs.25,000/- of the outstanding amount within a period of two weeks from today. Upon receipt of such amount, the respondent shall consider the reply submitted by the petitioner on 05.03.2025 and pass appropriate orders on merits and in accordance with law within one month thereafter. Until then, no coercive steps shall be taken by the respondent. If the petitioner fails to make the payment, it shall be open to the respondent to proceed further in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

20.03.2025 Index : Yes / No Internet : Yes / No PKN To The Assistant Executive Engineer, Operation and Maintenance, TNEB/TNP DCL, Madukur, Thanjavur District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7602 of 2025 20.03.2025 4/4