Amalerpa Mary v. The Assistant Executive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD).No.4222 of 2017 and W.M.P. (MD) No.3366 of 2017 Amalerpa Mary

...Petitioner

Vs.

The Assistant Executive Engineer, Tamil Nadu Electricity Board, Operation & Maintenance, Karur,Karur District.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order issued by the respondent in his proceedings No.Ka.N.U.se.po/eka/nagariam/Karur/Ko.APTS/No.79, dated 27.02.2017.

For Petitioner : Mr.M.Bindran For Respondents : Mrs.Rajeshwari for Mr.SMS.Johnny Basha

O R D E R

This writ petition has been filed by the petitioner for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order issued by the respondent in his proceedings dated 27.02.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

3. The brief facts that are necessary for the disposal of Writ Petition are as follows:- The petitioner is the owner of the House bearing D.No.7-A, West Bangalow Street, Karur. The petitioner was given electricity service connection, which was originally obtained in the name of the petitioner's father in-law. On the basis of the inspection by the respondent, the respondent directed the petitioner to pay a sum of Rs.53,695/- by way of dues on account of theft of energy committed by the petitioner. The petitioner earlier filed a Writ Petition in W.P.(MD)No.2996 of 2009 and this Court was pleased to pass an order to treat the said order as notice and directed the petitioner to file objections to the said notice within a period of fifteen days from the date of receipt of a copy of that order. https://hcservices.ecourts.gov.in/hcservices/

4.There was further direction by this Court to consider the objection of the petitioner and pass appropriate order on merits and in accordance with law. As per the direction of this court referred to above, the petitioner has submitted her objection on 31.12.2010. However, without considering the objection of the petitioner, the respondent has passed the order dated 27.02.2017, which is impugned in this present Writ Petition. The impugned order indicates that no opportunity was given to the petitioner and the petitioner's objection dated 31.12.2010 was not considered.

5.Hence, this Court is of the view that the impugned order dated 27.02.2017 is not in accordance with the earlier direction of this Court in the order dated 25.11.2010 in W.P.(MD) No. 2996 of 2009. Hence, the impugned order passed by the respondent, dated 27.02.2017 is set aside. However, liberty is given to the respondent to pass orders afresh, after considering the objection of the petitioner to the proposed levy of the charges as against the petitioner. The respondent is also directed to given an opportunity to the petitioner to substantiate her case and pass an order afresh purely on merits and in accordance with law.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition No.3366 of 2017 is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To The Assistant Executive Engineer, Tamil Nadu Electricity Board, Operation & Maintenance, Karur,Karur District.

+1cc to M/S.M.Bindran, Advocate SR.No.16122 +1cc to M/S.S.M.S.Johnny Basha Advocate SR.No.15944 Writ Petition (MD).No.4222 of 2017 and W.M.P. (MD) No.3366 of 2017 20.03.2017 JM/SKN RSK/SAR 2/18.04.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/