In an interim order under Article 226 Constitution, the Madurai Bench directed TANGEDCO officials to restore electricity supply within 10 days despite allegations of energy theft, without prejudice to final orders.
Respondents directed to restore the electricity service connection within 10 days.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Wednesday, the Fifteenth day of March Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
WMP(MD) No.3486 of 2017 IN WP(MD) No.4337 of 2017 VS.R.SHANMUGAM ... PETITIONER/PETITIONER
1 THE CHIEF ENGINEER(DISTRIBUTION) TANGEDCO., MADURAI REGION, K PUDUR, MADURAI - 625 007.
3 THE ASSISTANT ENGINEER, TOWN/ TANGEDCO., ODDANCHATRAM-624 619, DINDIGUL DISTRICT ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Direction, directing the Respondents No.2 and 3 to restore the Electricity Supply in Service Connection No.05-261-006-965 pending disposal of the instant Writ Petition and thus render Justice.
Prayer in WP(MD). 4337/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Declaration, declaring the disconnection of the Electricity Supply in Service Connection No.05-261-006-965 as illegal and consequently to direct the Respondents No.2 and 3 to restore the Electricity Supply within the time stipulated by this Honble Court.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.V.R.VENGATESHWAR for Mr.S.M.S.JOHNNY BASHA for TNEP the https://hcservices.ecourts.gov.in/hcservices/ court made the following order:-
The learned counsel appearing for the petitioner submitted that the provisional order was passed on 21.02.2017. Though an explanation was submitted by the petitioner on 04.03.2017, even without considering the representation, the respondents proceeded to disconnect the electricity service connection. He would further submit that earlier for non-payment of electricity consumption charges, the service connection was disconnected. Upon payment of the electricity consumption charges with penalty, the service connection was restored earlier. Thereafter only, pursuant to the provisional assessment, the electricity service connection was once again disconnected.
2.In such circumstances, the respondents 2 and 3 are directed to restore the electricity service connection in Service Connection No.05-261-006-965 within a period of 10 days from the date of receipt of a copy of this order, without prejudice to their right to pass final orders regarding theft of energy alleged against the petitioner.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
https://hcservices.ecourts.gov.in/hcservices/ MS/SV.MMS/16.03.2017/2P.6C
1 issue framed by the court
Whether the Electricity Service Connection should be restored pending the disposal of the writ petition challenging the disconnection.
R. Shanmugam
The Chief Engineer (Distribution) TANGEDCO., Madurai Region
The Assistant Executive Engineer, Town/TANGEDCO., Oddanchatram
The Assistant Engineer, Town/TANGEDCO., Oddanchatram
S. S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
