P.Ganeshamoorthy v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.17680 of 2016 P.Ganeshamoorthy

...Petitioner

Vs 1.The Superintending Engineer, Tamil Nadu Electricity Board, No.1, Vallam Road, Thanjavur - 613 001.

2.The Executive Engineer, Operation and Maintenance Kumbakonam, Thanjavur.

3.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Papanasam, Thanjavur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of Inspection Report and working sheet dated 22.11.2016 and quash the same and direct the third respondent to restore petitioner's EB service connection No.06-429-007-545, within the period stipulated by this Court. 1/4

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Deenadhayalan Standing Counsel

O R D E R

Heard Mr.A.Haja Mohideen, learned counsel for the petitioner and Mr.S.Deenadhayalan, learned Standing Counsel for respondents.

2. This Writ Petition has been filed challenging the order of Inspection Report and working sheet dated 22.11.2016 and to direct the third respondent to restore petitioner's EB service connection No. 06-429-007-545.

3. The petitioner had approached this Court even before the provisional assessment has been made by challenging the working sheet that has been issued by the third respondent. A conditional order of stay was passed directing the petitioner to deposit a sum of Rs.40,000/- and the petitioner had also complied with the said direction. Since the working sheet has been made pursuant to the Inspection Report holding that the petitioner had committed theft of energy, without the assessment being made by the respondents, the claim of the petitioner on the 2/4

working sheet cannot be adjudicated. Hence, there shall be a direction to the respondents to issue a provisional assessment order for which the petitioner shall file his reply and thereafter the assessment order shall be passed.

4. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 12.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Superintending Engineer, Tamil Nadu Electricity Board, No.1, Vallam Road, Thanjavur - 613 001.

2.The Executive Engineer, Operation and Maintenance Kumbakonam, Thanjavur.

3.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Papanasam, Thanjavur.

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K.KUMARESH BABU , J.

Nsr 12.11.2024 4/4