IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
PERIYASAMY – Appellant
Versus
THE SUPERINTENDING ENGINEER – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No. 1817 OF 2026 Periyasamy S/o.Ramasamy Rasipalli Village, Achamangalam Post Bargur Taluk, Krishnagiri District - 635108.
..Petitioner(s)
Vs
1. The Superintending Engineer Krishnagiri Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation Krishnagiri – 635 001.
2. The Assistant Engineer Operation and Maintenance, TANGEDCO, Barugur-SIDCO, Bargur, Krishnagiri District – 635 104.
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the order of the 1st respondent herein namely Superintending Engineer, Krishnagiri Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Krishnagiri - 635 001 in reference Ka. No. May. Po / Ki. MipaVa / Ki. Giri / Pothu / Se.Po / U .Se .Po / Upo.2 / Ko. APTSCC / No.
79/19-20 dated 18.02.2020 and to quash the same.
For Petitioner(s): Mr.V.Nicholas For Respondent(s): Mr.D.R.Arun Kumar Standing Counsel for R1 & R2
ORDER
The above writ petition has been filed for the following relief : “ To issue a Writ of Certiorari calling for the records relating to the order of the 1st respondent herein namely Superintending Engineer, Krishnagiri Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Krishnagiri - 635 001 in reference Ka. No. May. Po / Ki. MipaVa / Ki. Giri / Pothu / Se.Po / U .Se .Po / Upo.2 / Ko. APTSCC / No. 79/19-20 dated 18.02.2020 and to quash the same.”
2. The factual matrix is as follows :
(a)The petitioner is the owner of an extent of 2.20.00 hectares (5.43 acres) in S.Nos.305/1A, 305/1B3, 305/1C, 305/1E, 305/1G, 252/1D, 252/1H, Achamangalam Village, Krishnagiri Taluk and District. In the year 2012, he had raised ragi, paddy and tomato and also planted mango saplings in the aforesaid lands. The petitioner drew water from the bore well through a channel for irrigating the crops and mango saplings using the pump-set connected in SC.43/IV.
(b)Since the channel was in damaged condition and the water in the bore well was insufficient, the petitioner decided to use his tractor for transporting water to irrigate the crops and mango saplings cultivated in his lands.
(c)On 27.06.2012 at about 11.10 a.m., when the petitioner was filling up water in the tractor, the Assistant Executive Engineer (O & M), Tamil Nadu Electricity Board, Mathur, Pochampalli Taluk along with the Executive Engineer (Vigilance) and the Assistant Engineer (O & M), Jagadevi, inspected the lands and informed the petitioner that he was using the electricity service connection to sell water instead of using it for agricultural purposes. The authorities had demanded the petitioner to pay a sum of Rs.24,000/- for compounding offence under Section 135 of the Electricity Act, 2003. The petitioner had paid the said sum. However, after receiving the sum, the respondent had disconnected the electricity service connection.
(d) Thereafter, the Additional Executive Engineer [O & M], Mathur, issued an additional assessment list, requiring him to pay a sum of Rs.2,87,718/-, to which the petitioner had submitted his explanation on 07.07.2012. However, the final assessment order dated 28.08.2012 under Section 135 of the Tamil Nadu Electricity Act, 2003 was passed by the respondents, confirming the additional assessment list and demanding the petitioner to pay the said sum.
(e)The petitioner had challenged the final assessment order by filing an appeal before the first respondent on 10.09.2012. Since the appeal was not disposed of by the authorities, the petitioner had filed W.P.No.6136 of 2013 before this Court, seeking a direction to the first respondent to consider and pass orders on the petitioner's appeal. By an order dated 13.03.2013, the writ petition was disposed of directing the first respondent to dispose of the
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