K.Saravanan vs The Executive Engineer
2023 Latest Caselaw 2973 Mad

                                                                         W.A.(MD)No.312 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 21.03.2023

                                                   CORAM:

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                AND
                             THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         W.A.(MD)No.312 of 2023
                                                  and
                                    C.M.P(MD)Nos.3530 and 3532 of 2023

                K.Saravanan                                                      : Appellant

                                                      Vs.

                1.The Executive Engineer,
                  Operation and Maintenance,
                  Tamil Nadu Generation and
                  Distribution Corporation Limited,
                  North Thathinagar Pettai,
                  Trichy District 621 214.

                2.The Assistant Executive Engineer,
                  Operation and Maintenance
                  Tamil Nadu Generation and
                  Distribution Corporation Limited,
                  North Thathinagar Pettai,
                  Trichy District 621 214.

                3.The Divisional Engineer,
                  TNEB, Musiri, Trichy District.
                                                                 : Respondents/Respondents

                PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the
                impugned order dated 02.11.2022 passed in W.P(MD)No.17480 of 2014.

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https://www.mhc.tn.gov.in/judis
                                                                                W.A.(MD)No.312 of 2023


                                  For Appellants        : Mr.S.Ramesh
                                  For Respondents       : Mr.S.Deenadayalan
                                                          Standing Counsel

                                                            ***

                                                       JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

We do not find any merit in the writ appeal. Admittedly, the

petitioner has been accused of misusing the free service connection provided

for agricultural purposes to draw water for construction purposes.

2.The explanation offered by the petitioner is wholly unbelievable

inasmuch as the petitioner claims that the water that has been used for

construction purpose has been lifted using generator. It is also simultaneously

claimed that the generator was in impaired condition. Therefore, the authorities

as well as the Writ Court have rightly rejected the explanation offered by the

petitioner. We do not find any ground to interfere with the said conclusion.

Hence, this writ appeal fails and the same is dismissed.

3.Mr.C.Ramesh, learned counsel for the petitioner would submit that

the petitioner may be permitted to pay a sum of Rs.3,73,095/- in installments

https://www.mhc.tn.gov.in/judis W.A.(MD)No.312 of 2023

without prejudice to his contentions before the Criminal Court. We find that

the request is reasonable. Hence, the petitioner is permitted to pay a sum of Rs.

3,73,095/- in six monthly installments commencing from 20.04.2023. No costs.

Consequently, connected miscellaneous petitions are closed.

                                                              [R.S.M..,J]    (L.V.G.,J]
                skn                                                 21.03.2023
                NCC : Yes/No
                Index : Yes / No
                Internet : Yes

https://www.mhc.tn.gov.in/judis W.A.(MD)No.312 of 2023

R.SUBRAMANIAN.,J.

AND L.VICTORIA GOWRI.,J.

skn

W.A.(MD)No.312 of 2023 and C.M.P(MD)Nos.3530 and 3532 of 2023

21.03.2023

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