S.Mohan Vs the Chairman

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorari, calling for the records of the second respondent

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in Provisional Assessment in letter No.c/br/bgh/,&g/bfhul;Lh;/ nfhg;g[ :

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kpd; jpUl;L/ Kfhk/; mDg;g[if ehs;:15.02.2025 and the consequential Final Assessment order dated 10.03.2025 in Letter No.AEE/O&M /Padi/ F.Camp/ D.No.36/2025 in respect of LT SC.No.039-001-5549 and quash the same.

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For Petitioner(s): Mr.Rahul Balaji for Mr.C.S.Kiran For Respondent(s): Mr.L.Jai Venkatesh Standing Counsel for R1 and R2

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WP No. 14442 of 2025

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ORDER

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The writ petition has been filed challenging the proceedings dated 15.02.2025 followed by a consequential final assessment order dated 10.03.2025.

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Learned counsel for petitioner would submit that petitioner is a Senior Citizen and owner of the property bearing No.43, situated at Nehru Street, TMP Nagar, Padi, Chennai-600 050. Petitioner leased the entire building complex to Mr.Mohammed Yunus, who is in occupation of the premises from July 2024 and running a Mens Hostel in the name and style of Padmavathy Nivas Men’s Hostel. On 15.02.2025, while petitioner was in Mayiladuthurai, TANGEDCO directed the petitioner to be present, however, petitioner was unable to immediately appear before the TANGEDCO officials. Subsequently, when the petitioner met the officials of TANGEDCO, he was informed that there has been theft of electricity by the said Mohammed Yunus. There was direction to pay compounding charges for seven service connections and one common connection. It was further informed that criminal proceeding has been initiated with regard to theft of electricity. Impugned proceedings is passed disconnecting service connection on the premise that petitioner has not paid consumption charges and penalty was imposed for alleged theft committed by his lessee.

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WP No. 14442 of 2025

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Learned counsel for petitioner would place reliance on the judgment of

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this Court W.P. No.20433 of 2015 dated 06.07.2016 reported in (2016) 5 LW 161 , wherein it was held that in the case of theft of electricity, the person who

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has committed theft of electricity/the person who enjoyed the benefit alone must be held responsible, to submit that impugned proceeding against the petitioner is illegal.

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As a matter of fact, learned counsel for petitioner would submit that even during the course of inspection, it has been recorded that the said Mohammed Yunus as “enjoyer” and he would also bring on record that a lease deed entered into between petitioner and the said Mohammed Yunus. Petitioner had no role in the alleged theft of electricity. He would further submit that unless electricity service is restored it would cause grave hardship to petitioner. He would thus request that respondents may be directed to restore the service connection.

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To the contrary, learned Standing Counsel for respondents would submit that electricity service connections were discontinued for non-payment of consumption charges and penalty for the theft committed by petitioner’s lessee.

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Earlier, this Court granted an interim measure on the premise that out of the total sum of Rs.17,78,894.5/-, learned counsel for petitioner had

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WP No. 14442 of 2025

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submitted that a sum of Rs.2,04,000/- had already been paid by petitioner towards compounding charges.

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Today, the learned Standing Counsel appearing for respondents circulated a worksheet disclosing that a sum of Rs.2,33,460/- is due and

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payable. The scanned copy of the said worksheet is attached hereunder :

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WP No. 14442 of 2025

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In response, learned counsel for petitioner would submit that petitioner

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is liable only towards the actual charges of Rs.2,33,460/-, and that after giving credit to the sum of Rs.28,000/- already paid towards compounding charges, the balance amount payable would be Rs.2,05,460/-. He would further submit that petitioner is ready and willing to pay the said balance amount.

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Learned Standing Counsel appearing for respondents would submit that without prejudice to the present proceedings, liberty may be granted to the respondents to initiate appropriate proceedings against the tenant, if so advised, in accordance with law.

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Having regard to the submissions and taking note of the willingness expressed by petitioner to discharge the outstanding dues, this Court is inclined to dispose of the Writ Petition on the following terms:

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(i) petitioner shall pay a sum of Rs.76,253/- (Rupees

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Seventy Six Thousand Two Hundred and Fifty Three Only) to

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the respondents within a period of two (2) weeks from today.

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(ii) the balance sum of Rs.1,29,207/- (Rupees One Lakh Twenty Nine Thousand Two Hundred and Seven only) shall

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be paid in two (2) equal monthly instalments, the first

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WP No. 14442 of 2025

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instalment falling due within one month of payment of Rs.76,253/- in terms of Clause (1) supra and the second instalment within one month from the date of payment of the

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first instalment.

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(iii) On payment of the initial sum of Rs.76,253/- the respondents shall restore the electricity service connection within 48 hours.

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(iv) In the event of default in payment of any of the amounts within the time stipulated above, it is open to the respondent authorities to proceed in accordance with law for recovery of the entire outstanding dues, without any further reference to this Court.

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(v) It is needless to state that it is open to the respondents to proceed

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against the tenant in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

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07-07-2026 (3/7)

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ANU

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