Madras High CourtWP(MD)/21577/2015dismissed

P. Jeyachandran v. The Assistant Executive

2023-08-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 P.Jeyachandran ... Petitioner Vs 1.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., Vilathikulam, Thoothukudi District.

2.The Assistant Executive Engineer (Distribution), Tamil Nadu Generation & Distribution Corporation Ltd., Puthoor, Vilathikulam Taluk, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and their men or their agent from disconnecting the Service Connection of the petitioner in SC.18 for the lands in Mettilpatti, Vilathikulam Taluk, Thoothukudi District to 1/4

an extent of 4 acres 44 cents in Survey No.151/1B2, consequently drop all further action based on the representation by the Petitioner on 23.11.2015. For Petitioner : Mr.F.Deepak For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

Heard both sides.

2. The petitioner stands accused of energy theft. Immediately after provisional assessment order was passed. The present writ petition came to be filed for forbearing the TANGEDCO from disconnecting the petition mentioned electricity service connection. During the pendency of the writ petition, final assessment order was passed on 05.12.2015. It is for the petitioner to question the same in the manner known to law. Without questioning the assessment order, a simple Writ of Mandamus is not maintainable.

3. This writ petition stands dismissed. The petitioner is given liberty to challenge the final assessment order. If any appeal is filed within a period of four weeks from the date of receipt of a copy of this order, the same shall be entertained without reference to limitation. I make it clear that I have not gone 2/4

into the merits of the matter. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

14.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., Vilathikulam, Thoothukudi District.

2.The Assistant Executive Engineer (Distribution), Tamil Nadu Generation & Distribution Corporation Ltd., Puthoor, Vilathikulam Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA and M.P(MD)No.1 of 2015 14.08.2023 4/4