Madras High CourtWP(MD)/17889/2016disposed of

Dr.M. Chandran v. The Executive Engineer/South

2016-09-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17889 of 2016 and W.M.P.(MD) No.12938 of 2016 M.Chandran ... Petitioner vs.

1)The Executive Engineer/South, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Subramaniapuram, S.S. Complex, Power House Road, Madurai - 11.

2.The Assistant Executive Engineer/South/Arasaradi, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Arasaradi, S.S. Complex, AA Road, Arasaradi, Madurai - 625 016.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order dated 12.09.2016 on the file of the Respondent No.2 and to quash the same as illegal. For Petitioner : Mr.S.Rajasekar For Respondents : Mrs.S.Srimathy Standing Counsel

ORDER

This Writ Petition has been filed seeking quash of the impugned order dated 12.09.2016.

2.Alleging misuse of residential electricity service connection for commercial use, the petitioner has been called upon to pay Rs.1,07,763/-. This provisional assessment has been made subject to the opportunity of hearing to be given to the petitioner and the final orders to be passed thereafter. The order impugned,directing the petitioner to pay Rs.1,07,763/- is under challenge in this writ petition.

3.The learned standing counsel for the respondents on instruction submitted that as the provisional assessment gives opportunity of hearing to the petitioner, which the respondents assure to give, it is open to the petitioner to appear before the concerned authority and submit his objection before passing final orders.

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4.The learned counsel for the petitioner would submit that because of the disconnection of the electricity irreparable loss has been caused to the petitioner, who is functioning as a Doctor and therefore the respondents may be directed to restore the electricity connection.

5.Considering the submissions made on both sides, subject to payment of 50% of the amount assessed under order dated 12.09.2016, the respondents shall restore the electricity connection given to the petitioner and shall give due opportunity of hearing to the petitioner and thereafter pass the final orders within a period of four weeks from the date of receipt of a copy of this order.

This writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions is closed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1)The Executive Engineer/South, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Subramaniapuram, S.S. Complex, Power House Road, Madurai - 11.

2.The Assistant Executive Engineer/South/Arasaradi, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Arasaradi, S.S. Complex, AA Road, Arasaradi, Madurai - 625 016.

+1cc to M/S.T.LAJAPATHI ROY, ADVOCATE SR NO: 53997 sj JA-SKS-SAR.I-5.10.2016-2P:4C W.P(MD)No.17889 of 2016 and W.M.P.(MD) No.12938 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/