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2005 Supreme(Mad) 1650

MARKANDEY KATJU, A.KULASEKARAN
The Executive Engineer-IV & Another – Appellant
Versus
Varadha Steels & Others – Respondent


Advocates Appeared: For the Appellants:T. Murugesan, Govt. Pleader, Pondicherry. For the Respondents:R. Thiagarajan, Senior Counsel for C.S. Krishnamoorthy, Advocate.

Judgment :-

(Appeal under Cl.15 of the Letters Patent against the order dated 18.08.2005 made in W.P.M.P. No.27991 of 2005 in W.P. No.25568 of 2005.)

Markandey Katju, C.J.

W.P. No.27467 of 2005: -

This Writ Petition has been filed for the issuance of a writ of certiorari against the impugned order dated 17.8.2005 passed by the first respondent, the Superintending Engineer-III, Electricity Department, Pondicherry, under Section 126 (3) of the Electricity Act, 2003, by which the writ petitioner was provisionally assessed to pay electricity charges to the tune of Rs.2,65,37,000/- and was permitted to file objections against the same.

2. The aforesaid notice dated 17.08.2005 reads as follows:-

" No.6386/ED/SE-III/AE-Tech/F.39/HT-VAD

Steel/2005-2006

GOVERNMENT OF PONDICHERRY

ELECTRICITY DEPARTMENT

ASSESSMENT NOTICE FOR THEFT OF ENERGY

Pondicherry, the 17th August, 2005

To

M/s Vardha Steels

R.S.No.122/1 & 122/6,

Thuthipet, Villianur Commune,

Pondicherry 605 502.

Sub: Theft of electricity in the premises of M/s Varadha Steels, Sedarapet – Provisional Assessment notice for payment of Extra levy – Reg.

Ref:

(1) Show Cause Notice of this department No.2270/ED/EE-IV/JE/F.HT(M/s Varadha Steels)/05-06, dated











































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