The High Court of Madras disposed of an appeal against a writ order concerning alleged electricity theft. The court held that a writ petition was an inappropriate remedy for challenging assessment matters of fact under the Electricity Act, 2003, which require statutory appeals.
The appeal is disposed of; C.M.P.No.5380 of 2020 is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2020
CORAM :
THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.A.No.317 of 2020
Sri Vidhya Academy International Residential School, A Unit of Vidhya Educational Trust, School at Chokanallur, Pattabiram Road, Kolappanchery, Chennai – 600 072 and represented by its Chairman Nanjil R Kennedy. .. Appellant vs.
The Assistant Executive Engineer, O & M / CEDC / South, Avadi Road, TANGEDCP, Ponnamallee, Chennai – 600 056. .. Respondent
Appeal filed under Clause 15 of the Letters Patent against the order dated 16.8.2019 passed by the learned Single Judge in W.P.No.15638 of 2011.
WP.No.15638 of 2011:Writ Petition praying to writ of Certiorari to call for the records in respect of the impugned order of the respondent in his proceedings in Lr.No. AEE/O&M/PML/ F- APTS1033/2011-2012 dt. 23.06.2011 and quash the same.
Page 1 of 3
For Appellant
: Mr.A.Shamsudeen Raja
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
This appeal questions the correctness of the impugned judgment dated 16.8.2019, whereby the writ petition filed by the appellant challenging the proceedings of theft of electricity has been disposed of with a further direction that the appellant/petitioner shall deposit the entire dues without BPSC and penal interest after adjusting the amount already paid by the appellant within six weeks from the date of receipt of a copy of the order.
___________ Page 2 of 3_
question of fact whether the appellant had committed theft or not and had otherwise applied for compounding or had been carrying out any commercial activity. These are all matters of assessment and adjudication in terms of the Electricity Act itself.
The appeal is disposed of with the said observation.
Consequently, C.M.P.No.5380 of 2020 is closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
bbr
To
The Assistant Executive Engineer,
O & M / CEDC / South,
Avadi Road,
TANGEDCP, Ponnamallee,
Chennai – 600 056.
+1 cc to Mr.Shamsudeen raja Advocate sr18793
W.A.No.317 of 2020 aa13/03/2020 ___________ Page 3 of 3_
2 issues framed by the court
Whether a writ petition is an appropriate remedy to question an electricity theft assessment under the Electricity Act, 2003.
Whether the appellant attempted compounding of the alleged offence.
2 provisions across 1 enactments
Vidhya Academy International Residential School
Assistant Executive Engineer
A.P. Sahi
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
