M/S.V.K.N.Guest House vs The Chairman
2022 Latest Caselaw 6444 Mad

                                                                        W.A.No.749 of 2022



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.03.2022

                                                     CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                       AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.749 of 2022


                     M/s.V.K.N.Guest House,
                     rep. by Proprietor M.Basheer Ahmed,
                     Old No.43 & 44, New No.89,
                     Big Street, Triplicane,
                     Chennai - 600 005.                                .. Appellant

                                                        Vs

                     1.The Chairman, TANGEDCO,
                       Tamil Nadu Electricity Board,
                       No.800, Anna Salai,
                       Chennai - 600 002.

                     2.The Assistant Executive Engineer,
                       O&M, CEDC/Central,
                       No.800, Anna Salai,
                       Chennai - 600 002.                              .. Respondents


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order dated 29.11.2021 in W.P.No.28457 of 2011.




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https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.749 of 2022



                                      For the Appellant        : Mr.M.Arun

                                      For the Respondents      : Mr.L.Jaivenkatesh
                                                                 Standing Counsel




                                                          JUDGMENT

(Delivered by the Hon'ble Chief Justice)

By this writ appeal, a challenge is made to the judgment dated

29.11.2021, whereby the writ petition to challenge the demand of

amount after the final assessment order was dismissed.

2. It is a case where after the provisional assessment under

Section 126 of the Electricity Act, 2003, the final assessment order

was passed computing the total amount payable as Rs.7,92,433/-.

Against the said order of final assessment, the appellant has a

remedy of appeal under Section 127 of the Act of 2003, but without

availing it, the writ petition was filed and, that too, on factual

grounds.

3. In the instant case after serving the provisional assessment

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https://www.mhc.tn.gov.in/judis W.A.No.749 of 2022

order affording an opportunity to the appellant to give a reply to it,

the final assessment order was passed on 16.11.2011. The

provisional assessment order, followed by the final assessment

order, was passed after taking into consideration the allegation of

theft of electricity by the appellant. If the aforesaid fact was

disputed by the appellant, it remains a factual issue and if it was not

disputed, the appellant is liable to pay the amount as demanded

under the final assessment order. The court should not take liberal

approach in these matters, otherwise what we would be doing is

nothing but encouraging theft of electricity, which otherwise exists

and remains unnoticed at times.

4. We do not find any error in the judgment passed by the

learned Single Judge. The court exercising jurisdiction under Article

226 of the Constitution of India cannot arrive at a factual finding as

to what amount should be fixed towards quantum, that too, when

the allegation pertains to theft of electricity, and should strictly

adhere to the process of law.

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https://www.mhc.tn.gov.in/judis W.A.No.749 of 2022

Accordingly, finding no error in the judgment, the appeal is

dismissed. There will be no order as to costs. Consequently,

C.M.P.Nos.5225 and 5226 of 2022 are closed.

                                                                (M.N.B., CJ)       (D.B.C., J.)
                                                                          29.03.2022
                     Index : Yes/No
                     sasi

                     To

                     1.The Chairman, TANGEDCO,
                       Tamil Nadu Electricity Board,
                       No.800, Anna Salai,
                       Chennai - 600 002.

2.The Assistant Executive Engineer, O&M, CEDC/Central, No.800, Anna Salai, Chennai - 600 002.

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https://www.mhc.tn.gov.in/judis W.A.No.749 of 2022

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARHY, J.

(sasi)

W.A.No.749 of 2022

29.03.2022

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https://www.mhc.tn.gov.in/judis