1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.04.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.4196 of 2011 and MP(MD)No.1 of 2011 K.Sundaraju :Petitioner -Vs- 1.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board,Musiri,Trichy District. 2.The Superintending Engineer,Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board, Mannarpuram, Trichy-20, Trichy District. 3.The Assistant Executive Engineer,Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board, Thottiyam, Trichy District. :Respondents Writ petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records to proceedings in working sheet dated 18.03.2011 of the third respondent in respect of electricity connection in S.C.No./Tf.1723/Ia and quash the same and further directing the third respondent to restore the electricity connection in S.C.No./Tf.1723/Ia, Thottiyam. For Petitioner : Mr.G.Manikandaraja For Respondents : Mr.M.Sureshkumar ORDER The petitioner has come forward with an application for a Writ of Certiorarified Mandamus to quash the working sheet, dated 18.03.2011, for energy theft case issued to him, whereby, a demand has been made by the respondents to the tune of Rs.1,31,320/-. 2.The only grievance of the petitioner is that even for the theft of energy as alleged by the respondents there should be a show cause notice, followed by a provisional assessment and thereafter, final assessment has to be done. Without doing so, the respondents straight away has passed the order. Hence, the Writ Petition. 3.Mr.M.Sureshkumar, learned Standing Counsel for Tamil Nadu Electricity Board took notice for the respondents and he would contend that in fact the petitioner was issued only a provisional working sheet and actually, they are going to issue notice and thereafter only, final orders will be passed In the mean while, being theft of energy, it is mandatory on the part of the respondents, the electricity service connection has to be disconnected and accordingly, it is disconnected. https://hcservices.ecourts.gov.in/hcservices/ 2 Heard both sides. 4.The only grievance of the petitioner is that without giving any opportunity, a demand was made and the service connection was disconnected with effect from 18.03.2011. According to him, there was no theft of energy Still, the compounding fees has been paid on the very same day of inspection. He would contend that the matter can be agitated only if any proper show cause notice is issued by the respondents. To which, the learned counsel for the respondent fairly submits that the order impugned is only a provisional assessment and proper show cause notice will be issued in due course and this work sheet denotes only the provisional amount to be arrived at payable by the petitioner. 5.In as much as the department itself has stated that they are going to issue a show cause notice and only thereafter, the final orders will be passed, suffice to state that the Writ Petition at this point of time is premature. Since there was theft of energy and pursuant to that, the compounding fees have also been paid by the petitioner, without going into the merits of the case, there will be a direction to the concerned respondents that on the petitioner paying 25% of the provisional amount made by the respondents vide their impugned order dated 18.03.2011, the service connection will be restored to the petitioner. Later on, the respondents are at liberty to issue a show cause notice to the petitioner and the petitioner will have his legal rights to defend the same in accordance with law. Since it is a house property, the service connection will immediately be restored on payment of the necessary 25% of the demand of charges Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: 1.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board, Musiri, Trichy District. 2.The Superintending Engineer,Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board, Mannarpuram, Trichy-20, Trichy District. 3.The Assistant Executive Engineer,Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation, Tamil Nadu Electricity Board, Thottiyam, Trichy District. +1CC to Mr.Manikandaraja, Advocate. SR.No.13259. Ssm WP(MD)No.4196 of 2011 RP/11.04.2011/2P/5C. 09.04.2011. https://hcservices.ecourts.gov.in/hcservices/