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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
J. Madhavan – Appellant
Versus
Superintending Engineer, Kancheepuram Electricity Distribution Circle – Respondent
ORDER :
1. This Writ Petition has been filed challenging the order passed by the first respondent dated 14.12.2020, thereby the appeal filed by the petitioner, was dismissed and directed the petitioner to pay consumption charges and belated payment of surcharge, as assessed by the second respondent.
2. The petitioner is running a Rice Mill under the name and style of Amarthavalli Rice Mill. The petitioner was provided with the electricity service connection, with sanctioned power load of 50 HP. While that being so, in the year 1999, there was an inspection of the property in question and it was found that there was theft of electricity power by unauthorizedly drawing of power. Therefore, the petitioner was issued show cause notice. On receipt of the explanation from the petitioner, the authority concerned confirmed the allegations of theft of energy and a consumption charge of Rs.16,19,553/-, was levied. It was challenged by the petitioner before this Court in W.P. No. 8121 of 1999 and this Court by order dated 17.04.2001 had directed the petitioner to deposit a sum of Rs.2,00,000/-. Aggrieved by the same, the petitioner preferred an appeal before the Division Bench of this Court in
Civil liability for unauthorized electricity use is distinct from criminal liability for theft, and an acquittal in criminal proceedings does not negate the obligation to pay assessed charges.
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 acquittal of the petitioner in a criminal case under Section 135 of the Electricity Act, 2003, exonerated the petitioner from liability under Section 126. The absence of a final order of assessme....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
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 is that the CESC Limited acted within its jurisdiction in conducting parallel proceedings under Sections 126 and 135 of the Electricity Act, 2003, and the petitioner'....
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