IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19.01.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.488 of 2010 M.P.Nos.1 and 2 of 2010 S. Palanisamy .. Petitioner Versus 1.The Executive Engineer, (Operation), Tamilnadu Electricity Board, 230/10KV Substation, Thudiyalur, Coimbatore – 641 017. 2. The Assistant Executive Engineer. Tamilnadu Electricity Board, Karamadai East, Karmadai – 641 104. 3. The Assistant Engineer, Tamilnadu Electricity Board, Karamadai East, Karamadai – 641 104. .. Respondents Prayer: Petition filed seeking for a writ of certiorarified mandamus to call for the records on the file of the second respondent in K.No.E.Mi.Po./Ki/Ka/V.A/Ko.DKT/V No.412 of 2009 dated 26.12.2009 and order of the first respondent in Lr.No. EE/ O/ TDLR/ F.Appeal/ D.No.10/2009 dated 23.12.2009 and quash the same and consequently direct the first respondent to entertain the appeal dated 19.10.2009 filed by the petitioiner. For Petitioner : Mr. Saikrishnan for M/s. Sai, Bharath, Ilan For Respondents : Mr.J. Ravindran https://hcservices.ecourts.gov.in/hcservices/ O R D E R This Writ Petition has been filed by the petitioner challenging the Impugned Order of the 2nd respondent, dated 26.12.2009, disconnecting the electricity service connection and the order of the 1st respondent, dated 23.12.2009, passed in Lr.No.EE/O/TDLR/F Appeal D.No.10/2009 ,returning the appeal filed by the petitioner. 2. The learned counsel for the petitioner had submitted that the disconnection of the electricity service connection in the name of the petitioner ought not to have been done when the petitioner had filed the appeal before concerned authority and when it was pending. It is also submitted that 15 days notice, in writing, had not been given to the petitioner before the respondents had disconnected the supply of electricity. 3.The learned counsel for the petitioner had further submitted that he had filed an Appeal, in Form 6, to the prescribed appellate authority, under section 127(1) of the Electricity Act,2003, within the time limit of 30 days prescribed for the filing of the appeal. Further, the petitioner had also deposited half of the assessment amount, as per Section 127(2) of the Electricity Act,2003, along with the appeal fee of Rs.100/-, by way of Demand Draft. However, the first respondent, by his order, dated 23.12.2009, had returned the appeal stating that a civil suit is pending before the District Munsif Court, Avinashi. Since, there is no interim orders in the pending suit, in O.S.No.240 of 2009, the 1st respondent ought to have passed an order, on merits, as per the relevant provisions of law. 3.The learned counsel appearing on behalf of the respondents had submitted that if the petitioner represents the appeal, dated 19.10.2009, the same shall be considered on merits, and in accordance with law, within a specified period,as directed by this Court. 4.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the petitioner is permitted to represent the appeal, dated 19.10.2009, to the first respondent, within a period of ten days from the date of receipt of the copy of this order, and on such representation being made by the petitioner, complying with the other requirements, including the payment of half of the assessment amount, as per Section 127(2) of the Electricity Act, 2003, along with the appeal fee of Rs.100/-, by way of Demand Draft, the first respondent is directed to consider and dispose of the same on merits, and in accordance with law, within a period of ten days thereafter, after giving an opportunity of hearing to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ With the above directions, this Writ Petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. arr Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To 1.The Executive Engineer, (Operation), Tamilnadu Electricity Board, 230/10KV Substation, Thudiyalur, Coimbatore – 641 017. 2. The Assistant Executive Engineer. Tamilnadu Electricity Board, Karamadai East, Karmadai – 641 104. 3.The Assistant Engineer, Tamilnadu Electricity Board, Karamadai East, Karamadai – 641 104. + 1 cc to M/s. Sai, Bharath, Ilan Advocate Sr.3122 + 1 cc to Mr. J. Ravindran, Advocate SR.3455 Writ Petition No.488 of 2010 AR(CO) EU 1.02.2010. https://hcservices.ecourts.gov.in/hcservices/