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B. PUGALENDHI
R. Jeganathan – Appellant
Versus
Assistant Executive Engineer, Dindigul – Respondent
JUDGMENT :
B. PUGALENDHI, J.
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to restore the electricity service connection in SC.No. 1126/TF III B/Pappampatty Distribution/Pappampatty Section.
Prayer: Appeal filed under Section 100 of the Civil Procedure Code to call for the records relating to the judgment and decree dated 20.10.2017 made in A.S. No. 73 of 2017 on the file of the Additional District Court, Palani, reversing the judgment and decree dated 10.12.2013 made in O.S.No. 228 of 2009 on the file of the District Munsif Court, Palani and set aside the same.
1. The writ petition in WP(MD)No. 5626 of 2013 is filed by the petitioner for restoration of electricity service connection in SC.No. 1126/TF III B/Pappampatty Distribution/ Pappampatty Section, which was disconnected after an inspection, wherein it was found that there was a theft of electricity by tampering the coil.
2. The second appeal in SA(MD) No. 369 of 2018 is filed by the Electricity Board as against the judgment and decree passed by the learned Additional District Judge, Palani in A.S.No. 73 of 2017 dated 20.10.2017, reversing the j
The court emphasized the authority of the Electricity Authorities to make independent assessments and proceed with recovery, even if the Special Court has not yet determined the liability for theft o....
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
The main legal point established in the judgment is the distinction between unauthorized use of electricity and theft of electricity, the power of authorities to make provisional and final assessment....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
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