Selvam Vs the Assistant Executive Engineer (O and M)

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to provide statement of details for payment of arrears for service connection No.002-004-13 and consequently, direct the respondents to receive payment for usage of electricity for service connection Nos.002004-14 and 002-004-64.

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For Petitioner : Mr.B.Manoharan for Mr.S.Mannarsamy For Respondents : Mr.L.Jaivenkatesh, Standing Counsel *****

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O R D E R

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.22604 of 2025

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This writ petition has been filed seeking issuance of a writ of

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mandamus directing respondents to provide a statement of details for payment of arrears for the service connection No.002-004-13 and for a further direction to respondents to receive payment for the usage of electricity for service connection Nos.002-004-14 and 002-004-64.

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When the writ petition came up for hearing on 24.06.2025,

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this Court passed the following order:

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"Mr.L.Jaivenkatesh, learned Standing Counsel, takes notice for respondents.

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Learned Standing Counsel appearing on behalf of the respondents produced the written instructions received from the second respondent. On going through the same, it is seen that the service connection for connection No.002-004-12 was disconnected on 15.09.2018 since dues were not paid by the petitioner. However, it is alleged that the petitioner, on his own, re-connected the disconnected electricity connection and the same came to light when an inspection was done on 28.04.2021. Hence, the electricity consumed by the petitioner was ascertained from the meter and a sum of Rs.1,89,576/- became due and payable by the petitioner. The petitioner was also informed that if this amount is not paid, the other two service connections will also be disconnected. It is under these circumstances, the present writ petition has been filed before this Court.

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Learned counsel for the petitioner submitted that the petitioner never received any intimation from the respondents regarding the inspection conducted and the only notice that was received by the petitioner was on 10.06.2025 when the petitioner was directed to pay a sum of Rs.1,89,576/-.

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The written instructions received from the second

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respondent does not state as to whether any intimation/notice was issued to the petitioner after the squad had found out that the petitioner had re-connected the disconnected electricity connection and was using the same, when the inspection was conducted on 28.04.2021. Hence, learned Standing Counsel shall take clarification in this regard.

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Post this writ petition on 01.07.2025 at the end of the motion list."

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When the matter was taken up for hearing, learned Standing

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Counsel appearing for respondents submitted that already notice dated 06.04.2025 has been issued to the petitioner whereby the petitioner was informed that a sum of Rs.1,89,576/- will be added to the service connection No.002-004-14 and it will be recovered from the petitioner. Only thereafter, it was added to the account during the month of May'2025.

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Learned counsel for petitioner submitted that the petitioner

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was never put on notice and that the petitioner is not aware of the notice dated 06.04.2025 that is said to have been issued by the second respondent.

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In the considered view of this Court, the sum of Rs.1,89,576/- is added to the existing service connection of the petitioner on the ground that the petitioner had re-connected the disconnected

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Writ Petition No.22604 of 2025

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electricity connection and consumed electricity and it was calculated from the meter reading as Rs.1,89,576/-. This amount is now sought to be recovered from the petitioner by adding this amount to the existing service connection. The notice dated 06.04.2025 is said to have been issued to the petitioner informing that a sum of Rs.1,89,576/- is added to the existing connection. However, learned counsel for the petitioner submitted that no such notice was received by the petitioner.

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Taking into consideration the facts and circumstances of the case and considering the grievance expressed by the petitioner and also taking note of the stand taken by the respondents, there shall be a direction to the first respondent to call for an enquiry after affording opportunity to the petitioner and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order.

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Till a final decision is taken by the first respondent, the recovery of the sum of Rs.1,89,576/- shall be kept in abeyance. If ultimately, after the completion of enquiry, the first respondent comes to a conclusion that such recovery is justified, the same can be recovered from the petitioner from service connection No.002-004-14.

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Writ Petition No.22604 of 2025

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This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

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01.07.2025

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Neutral Citation: Yes/No Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Assistant Executive Engineer (O&M), TANGEDCO, Kalmandapam Road, Royapuram, Chennai - 600 013. 2.The Assistant Engineer (O&M), TANGEDCO, Kalmandapam, Royapuram, Chennai - 600 013.

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N.ANAND VENKATESH, J

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Writ Petition No.22604 of 2025

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Writ Petition No.22604 of 2025