1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD).No.1209 of 2011 and M.P.(MD).No.1 of 2011 P.N.Sadagopan ... Petitioner Vs. 1.The Divisional Engineer, Operation and Maintenance, T.N.E.B., Trichy – 17. 2.The Assistant Executive Engineer, Operation and Maintenance, T.N.E.B. (Rock Fort Section), Tennur, Trichy – 17. 3.The Assistant Engineer, (O & M), T.N.E.B., Main Guard Gate, Tennur, Trichy – 17. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records in impugned order in field enquiry dated 28.01.2011 issued by the second respondent for the service connection number 206-003-283 comprised in No.12, Samaspiran Street, Trichy-8, quash the same as illegal. For petitioner : Mr.V.G.Kamalesh For respondents : Mr.M.Suresh Kumar, Standing Counsel ORDER The petitioner challenges the working sheet issued by the Tamil Nadu Electricity Board dated 28.01.2011 in respect of his service connection. 2.The petitioner is running an educational institution at Door Nos.12 & 15, in Samaspiran Street, Trichy. He is residing adjacent to the school premises. The premises of the petitioner was inspected by the officials of the Electricity Board on 28.01.2011. The Officials alleged that the petitioner has used the domestic service connection for the purpose of educational institution and accordingly, they have alleged theft of energy within the meaning of Section 135 of the Electricity Act, 2003. This prompted the third respondent to assess the theft of energy and to prepare the working sheet. It was indicated in the working sheet that the petitioner has to pay a sum of Rs.56,527/-. The said working sheet is challenged in this writ petition. 3.The learned standing counsel for the Electricity Board on instructions would submit that the petitioner has used the domestic service connection for the purpose of his educational institution and it was detected by the inspecting officials of the Electricity Board. According to the learned counsel, unauthorized use of electricity would https://hcservices.ecourts.gov.in/hcservices/ 2 also come under the definition of theft of energy as provided under Section 135 of the Electricity Act. The petitioner was issued with a provisional assessment order and the same was returned with endorsement “refused”. The learned standing counsel would further submit that in case the petitioner submits his explanation to the provisional assessment, final order of assessment would be passed with an opportunity of hearing to the petitioner. 4.The order impugned in the writ petition is nothing but a working sheet prepared by the Electricity Board. According to the learned standing counsel appearing for the respondents, the Board has issued an order of provisional assessment to the petitioner. In the said circumstances, I am of the view that the petitioner should give his objection to the provisional assessment order. 5.The second respondent is directed to issue a copy of the provisional assessment order to the petitioner and in the event of service of such order within a period of two weeks the petitioner should submit his objections and on submission of such objections, the second respondent is directed to pass final assessment orders on merits with an opportunity of hearing to the petitioner. 6.The service connection was disconnected on account of theft of energy. As per the working sheet, the petitioner is liable to pay a sum of Rs.56,527/-. The learned counsel for the petitioner submits that the petitioner is ready to pay 50% of the demand as a condition precedent for reconnection. Accordingly, the petitioner is directed to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) to the third respondent. In the event of making such deposit, the third respondent is directed to restore supply forthwith. 7.The writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR gcg To 1.The Divisional Engineer, Operation and Maintenance, T.N.E.B., Trichy – 17. 2.The Assistant Executive Engineer, Operation and Maintenance, T.N.E.B. (Rock Fort Section), Tennur, Trichy – 17. 3.The Assistant Engineer,(O & M), T.N.E.B., Main Guard Gate, Tennur, Trichy – 17. DM:2011:FEBRUARY:07:: Order in W.P.(MD).No.1209 of 2011 03.02.2011 2P:4C:; https://hcservices.ecourts.gov.in/hcservices/