Madras High CourtWP(MD)/21797/2017disposed of

Padikasu, S/O.Kasi, v. The Assistant Executive

2018-02-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.21797 of 2017 and W.M.P(MD)Nos.18091 and 18092 of 2017 Padikasu ...

Petitioner Vs.

1.The Assistant Executive Engineer, Distribution, TANGEDOCO, Thirumayam Taluk, Pudukottai District.

2.The Executive Engineer, TANGEDOCO, Thirumayam Taluk, Pudukottai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records and quash the impugned proceedings of the 1st respondent in his letter No.AEE/D/TYM/CI/Files/D.No.183/17 dated 10.11.2017. For Petitioner : Mr.N.Anandakumar For Respondents : Mrs.Rajeswari,Counsel for TANGEDOCO, for Mrs.Srimathi

ORDER

This writ petition has been filed challenging the provisional assessment notice issued by the first respondent for the alleged illegal abstraction and consumption of energy whereby the first respondent assessed the loss caused by the petitioner at Rs.1,02,930/-.

2.Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to pay the assessed amount and requested time for payment of the said amount. 3.Learned Standing Counsel appearing for the respondents submitted that the order impugned in this writ petition is only provisional assessment order and therefore, the petitioner cannot maintain this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and considering the fact that the petitioner is willing to pay the

assessed amount and only sought time to pay the said amount, the petitioner is directed to pay the above said amount in four monthly equal installments. On receipt of the first installment, the first respondent is directed to restore the service connection. The petitioner is directed to pay the second installment on or before 15.03.2018; the third installment on or before 13.04.2018 and the fourth installment on or before 14.05.2018. If there is any default in paying monthly installments, the respondents are at liberty to disconnect the service connection without any notice to the petitioner.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)Nos.18091 and 18092 of 2017 are closed.

Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To 1.The Assistant Executive Engineer, Distribution, TANGEDOCO, Thirumayam Taluk, Pudukottai District.

2.The Executive Engineer, TANGEDOCO, Thirumayam Taluk, Pudukottai District.

+1CC to Mr.N.Anandakumar, Advocate, SR.No. 49761 Writ Petition (MD) No.21797 of 2017 AM/SV MMS/SAR 2/27.02.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/