Madras High CourtWP(MD)/19777/2017disposed of

Sekar, S/O.Natesan, v. The Superintending Engineer,

2024-12-12Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.16033 of 2017 Sekar ... Petitioner /vs./ 1.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Thanjavur.

2.The Executive Engineer, Operation and Maintenance Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Kumbakonam, Thanjavur District.

3.Ramakrishnan (R3 has been impleaded vide order dated 14.03.2018) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent relating to his impugned notice in Letter 1/4

No.Se.Po/EPaRaa/Kumba/Ko.Kattu/Aa No.198-2/2017-18 dated 11.10.2017 and quash the same and consequently forbearing the 2nd Respondent from disconnecting the Electricity Service Connection in Service No.423-002-1445 of the Petitioner's house.

For Petitioner : Mr.B.Anandan For R1 & R2 : Mr.S.Deenadhayalan Standing Counsel For R3 : Mr.T.S.Mohamed Mohideen

ORDER

The writ petition has been filed challenging the notice issued by the second respondent in Letter No.Se.Po/EPaRaa/Kumba/Ko.Kattu/Aa No.198-2/2017-18 dated 11.10.2017 and forbearing the second respondent from disconnecting the electricity service connection in Service No.423-002-1445 of the petitioner's property.

2. It is submitted that the learned counsel for the petitioner has now been appointed as Judicial Officer and hence, a counsel, who was attached with him, had sent a communication to the petitioner seeking instructions. However, the said letter had been returned with an endorsement that the petitioner is not residing in the address given in the writ petition. 2/4

3. Considering the fact that the order impugned is only a show cause notice, the same cannot be said to be the one without jurisdiction or without any authority of law. In such circumstances, the petitioner shall file his reply to the respondents within a period of four weeks from the date of receipt of a copy of this order and thereafter, the respondents shall proceed to conduct an enquiry within a further period of four weeks, of course after affording an opportunity to the petitioner and the third respondent.

4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 12.12.2024 Internet : Yes / No mm 3/4

K.KUMARESH BABU, J.

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