Madras High CourtWP(MD)/7272/2014allowed

M. Sellamuthu v. The Superintending Engineer

2021-01-05Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.7272 OF 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7272 of 2014 and M.P.(MD)Nos.1 to 3 of 2014 M.Sellamuthu ... Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Electricity Board, TANGEDCO, Trichy Electricity Distribution Circle, Trichy.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board, TANGEDCO, Uppliyapuram, Trichy.

3. The Assistant Engineer(O&M), Tamil Nadu Electricity Board, TANGEDCO, T.Marungapatti Section, T.Badarpettai, Trichy District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the second respondent in Lr.No.AEE/O&M/UPPM/F APTS/D.No.009/14-15 dated 17.04.2014 and quash the same and consequently direct the respondents to restore the petitioner's agricultural Electricity S.C.No.282-003-511/IV.

For Petitioner : Mr.M.S.Saravanakumar For Respondents : Ms.M.Parameswari for Mr.S.M.S.Johny Basha, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the impugned order dated 17.04.2014 passed by the second respondent. The petitioner was served with the notice on 10.04.2014. Even before the expiry of seven clear days, final assessment order came to be issued. On this sole ground, the impugned order dated 17.04.2014 is quashed. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.7272 OF 2014

3. This writ petition stands allowed and the matter is remitted to the file of the second respondent. The petitioner is given two weeks time from the date of receipt of a copy of this order, to offer his objections. Thereafter, the second respondent shall by following due process, pass final orders.

4. It appears that the petitioner had already deposited 50% of the demanded amount. The said amount will be adjusted in terms of the final order to be passed by the second respondent. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Superintending Engineer, Tamil Nadu Electricity Board, TANGEDCO, Trichy Electricity Distribution Circle, Trichy.

2. The Assistant Executive Engineer, Tamil Nadu Electricity Board, TANGEDCO, Uppliyapuram, Trichy.

3. The Assistant Engineer(O&M), Tamil Nadu Electricity Board, TANGEDCO, T.Marungapatti Section, T.Badarpettai, Trichy District.

W.P.(MD)No.7272 of 2014 05.01.2021 VB (20.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4