THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23946 of 2010 ORDER: Petitioner seeks a writ of mandamus declaring the provisional assessment notice, dated 27-07-2010, vide proceedings in Lr.No.ADE/OSD/PRA/F/DOCK/ D.No.303/10 issued by the 2nd respondent, as illegal and arbitrary. 2. The case of the petitioner is that he is having an electric service connection bearing No.411 under Category-I (Domestic) and he has been paying the electricity bills regularly, without any default. While so, the said provisional assessment notice was issued by the 2nd respondent alleging that at the time of inspection of the service connection of the petitioner, which was conducted on 20-07-2010, incriminating points were noticed viz., MRT seals are in tampered condition and the MRT seal bit is missing. Under threat of arrest, petitioner was made to pay an amount of Rs.12,000/- and again an amount of Rs.78,470/- towards half of the amount provisionally assessed under the subject-notice. However, again respondents are trying to disconnect the power supply to the petitioner on the ground that the entire amount is not paid. 3. Heard both sides. Perused the record. 4. It is stated that in a similar case i.e., W.P.No.11153 of 2008, a learned single Judge of this Court observed that if the consumer has paid half of the provisional assessment amount, subject to determination of civil liability in the appeal filed under Section 154(5) of the Act, before the Special Court constituted for the purpose and during pendency of such appeal power supply to that consumer shall not be disturbed. 5. Following the said judgment, particularly, since it is asserted by the petitioner that he has paid 50% of the assessed amount and so far no disconnection has taken place, respondents are directed not to disconnect the service connection of the petitioner pending the appeal and the petitioner is directed to file an appeal under Section 154(5) of the Act before the Special Court constituted for the purpose. 6. With the above observation, Writ Petition is disposed of. There shall be no order as to costs. __________________ N.V. RAMANA, J. 29th September,2010 Tsy