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2022 Supreme(Mad) 3919

R. VIJAYAKUMAR
J. Kumaresan – Appellant
Versus
Superintending Engineer, Tamil Nadu Electricity Department Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mrs. J. Mariaroseline.
For the Respondents: Mr. S. Deenadhayalan, S.C.

ORDER :

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the third respondent in its proceedings in Lr.No.AEE/o&m/Smpm/CI/F.APTS/D-No.64/2011-12 dated 20.02.2012 and quash the same.)

The present writ petition has been filed challenging a final assessment order issued by the third respondent herein arising out of Section 135 of Electricity Act.

2. According to the petitioner, he is the owner of the agricultural lands measuring 7 acres 46 cents in Survey No.598/1, Avaravalli Village, Siruganur, Trichy. The petitioner had availed electricity service connection for agricultural purpose in S.C.Nos.111 and 139 falling under free agricultural service connection of Tariff IV. According to the petitioner, without prior intimation, the authorities from the respondent board had inspected the land on 16.11.2011 and charged the petitioner with an offence of theft of electricity. The petitioner was served with an inspection report dated 16.11.2011 alleging water drawn by using agricultural service connection was stored in a tank and thereafter, used for construction purposes of the College and the water was also dr

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