Disconnection of electricity without notice violates principles of natural justice.

O R D E R

1. The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the second respondent to restore Electricity Service Connection No.05-254-004-869 provided to the petitioner’s agricultural property situated at Pachallur Village, Kodaikanal Union, Dindigul District. The said agricultural lands comprise Survey No.526 measuring an extent of 5 acres and 2 cents, Survey No.402/5 measuring 0.02.00 ares and 0.5 cents, Survey No.525/1A measuring 31 cents, Survey No.525/2 measuring 82.7 cents and Survey No.523/1 measuring 77.8 cents.

2. The petitioner contends that the electricity service connection was originally provided to the subject property strictly in accordance with the applicable rules and regulations. However, the said service connection was subsequently disconnected by the respondents without issuing any prior notice to the petitioner and without affording him an opportunity of hearing. According to the petitioner, such disconnection is arbitrary and is in clear violation of the principles of natural justice.

3. Mr. S. Deenadhayalan, learned Standing Counsel, who accepts notice on behalf of the respondents, on instructions, submitted that the electricity service connection was disconnected based on an objection raised by one Karthick Kumar.

4. Be that as it may, before disconnecting the electricity service connection already provided to the petitioner, the respondents ought to have issued a notice and afforded an opportunity of hearing to the petitioner. The disconnection of the electricity service connection without following such procedure is contrary to the principles of natural justice and cannot be sustained. Any action affecting the civil rights of a consumer must necessarily be preceded by notice and an opportunity to explain. The impugned action of the respondents in disconnecting the service connection solely based on the objection of a third party, without putting the petitioner on notice, is therefore arbitrary and unsustainable in law.

5. In view of the above, the Writ Petition is disposed of directing the second respondent to restore Electricity Service Connection No. 05-254-004-869 to the petitioner’s agricultural property forthwith. It is, however, made clear that liberty is reserved to the respondents to take appropriate action against the petitioner, if there is any violation of the applicable rules or any breach of law, strictly in accordance with law and after following due procedure. No costs.