Madras High CourtWMP(MD)/3486/2017ordered

v..R.Shanmugam, v. The Chief Engineer

2017-03-15Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR WMP(MD) No.3486 of 2017 IN WP(MD) No.4337 of 2017 VS.R.SHANMUGAM ... PETITIONER/PETITIONER Vs 1 THE CHIEF ENGINEER(DISTRIBUTION) TANGEDCO., MADURAI REGION, K PUDUR, MADURAI - 625 007.

2 THE ASSISTANT EXECUTIVE ENGINEER, TOWN/ TANGEDCO., ODDANCHATRAM-624 619.

DINDIGUL DISTRICT.

3 THE ASSISTANT ENGINEER, TOWN/ TANGEDCO., ODDANCHATRAM-624 619, DINDIGUL DISTRICT ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Direction, directing the Respondents No.2 and 3 to restore the Electricity Supply in Service Connection No.05-261-006-965 pending disposal of the instant Writ Petition and thus render Justice.

Prayer in WP(MD). 4337/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Declaration, declaring the disconnection of the Electricity Supply in Service Connection No.05-261-006-965 as illegal and consequently to direct the Respondents No.2 and 3 to restore the Electricity Supply within the time stipulated by this Honble Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.V.R.VENGATESHWAR for Mr.S.M.S.JOHNNY BASHA for TNEP the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

The learned counsel appearing for the petitioner submitted that the provisional order was passed on 21.02.2017. Though an explanation was submitted by the petitioner on 04.03.2017, even without considering the representation, the respondents proceeded to disconnect the electricity service connection. He would further submit that earlier for non-payment of electricity consumption charges, the service connection was disconnected. Upon payment of the electricity consumption charges with penalty, the service connection was restored earlier. Thereafter only, pursuant to the provisional assessment, the electricity service connection was once again disconnected.

2.In such circumstances, the respondents 2 and 3 are directed to restore the electricity service connection in Service Connection No.05-261-006-965 within a period of 10 days from the date of receipt of a copy of this order, without prejudice to their right to pass final orders regarding theft of energy alleged against the petitioner.

3.Notice.

sd/- 15/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF ENGINEER(DISTRIBUTION) TANGEDCO., MADURAI REGION, K PUDUR, MADURAI - 625 007.

2 THE ASSISTANT EXECUTIVE ENGINEER, TOWN/ TANGEDCO., ODDANCHATRAM-624 619.

DINDIGUL DISTRICT.

3 THE ASSISTANT ENGINEER, TOWN/ TANGEDCO., ODDANCHATRAM-624 619, DINDIGUL DISTRICT +1. C.C. to M/S.T.LAJAPATHI ROY Advocate SR.No.14938 +1CC TO MR.S.M.S.JOHNNY BASHA, Advocate SR.14902

ORDER

IN WMP(MD) No.3486 of 2017 IN WP(MD) No.4337 of 2017 Date :15/03/2017 MS/SV.MMS/16.03.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/