Jegadhambal v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Fifth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) No.24649 & 24651 of 2023 IN WP(MD) No.28594 of 2023 JEGADHAMBAL ... PETITIONER/PETITIONER IN BOTH WMP's Vs 1 THE SUPERINTENDING ENGINEER RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 THE EXECUTIVE ENGINEER PARAMAKUDI, RAMANATHAPURAM DISTRICT.

3 THE ASSISTANT EXECUTIVE ENGINEER TAMILNADU ELECTRICITY BOARD AND ELECTRICITY DISTRIBUTION CIRLCE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

4 THE ASSISTANT ENGINEER TAMILNADU ELECTRICITY BOARD AND ELECTRICITY DISTRIBUTION CIRCLE, NAINARKOVIL, PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT. ... RESPONDENTS/RESPONDENTS IN BOTH WMP's 1/4

Prayer in WMP(MD).24649/2023 :

To stay all further proceedings of the impugned notice in 4th respondent in Ka.No. E/Mi/Po/ViNi/Na.Ko/A.No.690/023, dated 09.11.2023 pending disposal of the writ petition.

Prayer in WMP(MD). 24651/ 2023 :

To grant an interim direction to respondents no.2 to 4 herein to dispose the petitioner appeal petition dated on 05.07.2023 in respect of petitioners electricity connection No. 05-345-027-748 pending disposal of the writ petition. Prayer in WP(MD). 28594/ 2023 :

To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice passed by the 4th respondent in f.vz;.,/kp/ngh/tpep/e.Nfh/m.vz;.690/023, dated 09.11.2023 to quash the same as unconstitutional and consequently to direct the 3rd and 4th respondents herein to restore the electricity connection in respect of the petitioner electricity connection No. 05-345-027-748 at Pandiyur Village, Paramakudi taluk, Ramanathapuram District, by considering is appeal filed on 05.07.2023 as per order of the Honble High Court dated 19.06.2023 in WP(MD).No.14281 of 2023, within time stipulated. ORDER : These Writ Miscellaneous petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.D.

BALAMURUGA PANDI, Advocate for the petitioner in both WMP's and of MR.S.DEENADHAYALAN, Standing Counsel on behalf of the Respondents in both WMP's, while admitting the Writ Petition, the court made the following order:- The petitioner is alleged to have committed energy theft in respect of the commercial service connection. It has been disconnected also. The petitioner filed an appeal. The appeal is still pending. In the meanwhile, the petitioner's domestic service connection is also facing threat of disconnection. In these circumstances, the present writ petition has been filed.

2.The assessed amount is Rs.3,48,983/-. The petitioner without prejudice to her 2/4

contentions comes forward to remit a sum of Rs.1,00,000/- within a period of two weeks.

3.Recording said undertaking, the petitioner is directed to pay the said amount of Rs.1,00,000/- to the credit of the fourth respondent. Upon payment of the said amount, the commercial service connection shall be restored. That is again subject to the outcome of the appeal. If the appeal gets disposed of earlier, the petitioner's rights will be governed by the order to be passed by the appellate authority. The petitioner's domestic service connection shall not be disconnected in the meanwhile. If the petitioner fails to adhere to the undertaking now given, not only the commercial service connection will not be restored but the domestic service connection can also be disconnected.

4.W.M.P.(MD)Nos.24649 and 24651 of 2023 are disposed of accordingly. sd/- 05/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I/II/III/IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ias TO 1 THE SUPERINTENDING ENGINEER RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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2 THE EXECUTIVE ENGINEER PARAMAKUDI, RAMANATHAPURAM DISTRICT.

3 THE ASSISTANT EXECUTIVE ENGINEER TAMILNADU ELECTRICITY BOARD AND ELECTRICITY DISTRIBUTION CIRLCE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

4 THE ASSISTANT ENGINEER TAMILNADU ELECTRICITY BOARD AND ELECTRICITY DISTRIBUTION CIRCLE, NAINARKOVIL, PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT.

+1 CC TO MR.S.DEENADHAYALAN, ADVOCATE, SR-55105[F] DATED 06/12/2023 +1 CC TO MR.D.BALAMURUGAPANDI, ADVOCATE, SR-54894[F] DATED 05/12/2023 ORDER IN IN WP(MD) No.28594 of 2023 Date :05/12/2023 RS/DD/SAR-(04.01.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4