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Madras High CourtWP(MD)/8155/2020allowed

Alexander v. The Assistant Executive Engineer

2020-09-01Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.8155 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8155 of 2020 and W.M.P.(MD)No.7562 of 2020 Alexander ... Petitioner Vs.

1.The Assistant Executive Engineer, Distribution and Maintenance, TNEB, Sethur, Virudhunagar District.

2.The Assistant Engineer, Tamil Nadu Electricity Board, Thalavaipuram Panchayat, Rajapalayam Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to continue to supply of free power to the petitioner's service connection No.293-005-2793 under Tariff Head III A (1) meant for agriculturist.

For Petitioner : Mr.Y.Prakash For Respondents : Mrs.S.Srimathy For Mr.S.M.S.Johnny Basha

O R D E R

Heard the learned counsel on either side.

2.The petitioner seeks restoration of the petition mentioned service connection. The respondents have filed a counter affidavit in which it has been mentioned that there are certain allegations against the petitioner herein. They would state that the petitioner had committed energy theft. But then, it is admitted that assessment proceedings are yet to be drawn for the same. They would further allege that the petitioner's current consumption charges would come to Rs.8,023/-. They also state that the petitioner has to pay the same along with BPSC charges.

3.The petitioner's counsel would state that the petitioner would pay Rs.8,023/- with BPSC charges without prejudice to his right challenge the same.

4.Recording the said submission of the petitioner's counsel, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8155 of 2020 the respondents are directed to restore the petition mentioned service connection, provided the petitioner pays Rs.8,023/- together with BPSC charges. If the respondents have any other grievance against the petitioner herein, it is always open to the respondents herein to issue appropriate communication to the petitioner herein. Leaving open the rights of both the parities, the writ petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Assistant Executive Engineer, Distribution and Maintenance, TNEB, Sethur, Virudhunagar District.

2.The Assistant Engineer, Tamil Nadu Electricity Board, Thalavaipuram Panchayat, Rajapalayam Taluk, Virudhunagar District.

+1 CC to Mr.Y.PRAKASH, Advocate ( SR-15633[F] dated 02/09/2020 ) W.P.(MD)No.8155 of 2020 01.09.2020 KM (04.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2