IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 18.02.2010 CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P. NO.2523 of 2010 and M.P.Nos.1 and 2 of 2010 S.Giridharan .. Petitioner Versus The Assistant Executive Engineer Operation and Maintenance K.K.Nagar, South Chennai Electricity Distribution Circle South Chennai – 600 078. .. Respondent PRAYER: Writ petition has been filed under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the Final assessment order passed by the respondent in his proceedings No.AEE/O & M/KKNS/F.Theft/D.13 dated 30.1.2010 and quash the same and consequently direct the respondent to pass fresh assessment order after following the Procedure contemplated under Section 126 of the Electricity Act 2003. For Petitioner : Mr.K.Natarajan For Respondent : Mr.A.Selvendran O R D E R This writ petition has been filed by the petitioner challenging the final assessment order, dated 30.1.2010, passed by the respondent. 2.The main contention of the learned counsel appearing on behalf of the petitioner is that the respondent had passed the final assessment order, without passing a provisional assessment order and without giving an opportunity to the petitioner to raise his objections to such assessment. As such, the respondent had not followed the procedure contemplated, under Section 126 of the Electricity Act, 2003. https://hcservices.ecourts.gov.in/hcservices/ 3.At this stage of the hearing of the writ petition, Mr.A.Selvendran, the learned counsel appearing on behalf of the respondent had submitted that the petitioner would be issued with a provisional assessment order for which he could file his objections. Thereafter, the petitioner would be given a reasonable opportunity, before a final assessment order is passed. 4.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the impugned order of the respondent, dated 30.1.2010, is set aside. However, it would be open to the respondent to pass a provisional assessment order and thereafter, the respondent may pass a final assessment order, after giving an opportunity to the petitioner to raise his objections and after a reasonable opportunity of hearing is given to him. 5. Accordingly, the writ petition is disposed of, with the above directions. No costs. Consequently, connected M.Ps are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. To The Assistant Executive Engineer Operation and Maintenance K.K.Nagar, South Chennai Electricity Distribution Circle South Chennai – 600 078. 1 cc to Mr.A. Selvendran, SR. 11165 1 cc to Mr.P.Rathinavel, SR. 10895 W.P. NO.2523 of 2010 and M.P.Nos.1 and 2 of 2010 RB (CO) kk 23/2 https://hcservices.ecourts.gov.in/hcservices/