The High Court ruled that the petitioner challenging an electricity theft assessment has an adequate alternative remedy. The writ petition was disposed of granting liberty to file an appeal and holding the assessment orders in abeyance for six weeks.
Liberty to file an appeal within two weeks; impugned assessment orders kept in abeyance for six weeks.
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.
W.P(MD)No.985 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.985 of 2023 and W.M.P(MD)Nos.923 & 924 of 2023
James ... Petitioner
Vs
2.The Assistant Executive Engineer, Distribution, Kulasekaram, Kanyakumari District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings in LR. No.AEE/D/KLM/F.Theft./D. 339/22, dated 18.11.2022 and Ka.No.Vu.Poo/Vi/Na/Kula/Koo.Kattu/No. 640/22 dated 15.12.2022 and quash the same as devoid of merits and consequently directing the respondents not to interfere in the Service Connection of the petitioner in SC No. 161-006-487.
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For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.S.Deenadhayalan Standing Counsel
W.P(MD)No.985 of 2023
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the Tamil Nadu Generation and Distribution Corporation (TANGEDCO).
2.The writ petitioner has been charged with unauthorized use of electricity. He has been served with final assessment order also. The petitioner has an appeal remedy. No case has been made out for invoking the writ jurisdiction of this Court. The petitioner is given liberty to file an appeal before the appellate authority. If such appeal is filed within two weeks from today (19.01.2023), it will be entertained without reference to limitation. The petitioner is at liberty to seek interim relief before the appellate authority also. If any interim application is filed, the same will be disposed of on merits and in accordance with law within two weeks after such filing. The impugned assessment order will be put on hold and kept in abeyance for a period of six weeks. I make it clear that I have not gone into the merits of the matter. It is for the appellate authority to take a call in the matter.
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W.P(MD)No.985 of 2023
3.This writ petition is disposed of accordingly. There shall be no order
as to costs. Consequently, connected miscellaneous petitions are closed.
19.01.2023
Index : Yes / No Internet : Yes / No NCC : Yes / No MGA
Note: Registry is directed to return the original order to the learned counsel appearing for the writ petitioner after it is duly substituted by the authenticated copy.
To
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W.P(MD)No.985 of 2023
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.985 of 2023 and W.M.P(MD)Nos.923 & 924 of 2023
19.01.2023
2 issues framed by the court
Whether the writ petition challenging the unauthorized electricity use assessment order warrants exercise of writ jurisdiction.
Whether the petitioner should be granted leave to seek appeal against the assessment order.
1 provisions across 1 enactments
James
The Superintending Engineer, TANGEDCO
The Assistant Executive Engineer, Distribution
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
