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Madras High CourtWP(MD)/21225/2014dismissed for default

M.Muneya Raaju, v. The Assistant Executive

2022-11-14Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 M.Muneya Raaju ... Petitioner Vs.

The Assistant Executive Engineer, Distribution, TANGEDCO, Kamuthi.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to restore the electricity service connection in LTCT-SC-No. 351-008-621 in favour of M/s.Ayesha Cotton Mill. For Petitioner : No Appearance For Respondent : Mr.S.Deena Dhayalan Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the Electricity Board to restore the service connection.

2. The learned standing counsel for the Electricity Board submits that theft of energy was detected in the petitioner's service connection and a provisional assessment order was passed. The petitioner has neither submitted any explanation nor challenged the provisional assessment order. Since the amount quantified in the provisional assessment order was not paid, the service connection was disconnected as contemplated under Section 135 of the Electricity Act.

3. At the time of admission, this Court had directed the petitioner to deposit a sum of Rs.5,00,000/- (Rupees Five Lakh only) for restoration of the electricity service connection. However, the said amount has also not been paid. In the above said circumstances, the question of restoring the electricity service connection to the writ petitioner does not arise. 2/4

4. Though the matter is being listed under the caption "for dismissal", there is no representation on the side of the petitioner.

5. In view of the above said facts, this Writ Petition stands dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.

14.11.2022 Index :

Yes / No Internet :

Yes / No gbg To The Assistant Executive Engineer, Distribution, TANGEDCO, Kamuthi.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

14.11.2022 4/4