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2017 DIGILAW 822 (MAD)

M. A. Rasheed v. Asst. Executive Engineer, Tamil Nadu Electricity Board, Chennai Electricity Distribution Circle/Central Anna Salai, Chennai

2017-03-28

S.M.SUBRAMANIAM

body2017
ORDER : The subject matter of this Writ Petition is with regard to the theft of electric energy by the tenant and the writ petitioner/landlord has filed this Writ Petition for issuance of a writ of mandamus for granting him personal hearing and dispose of the Appeal, which is pending before the third respondent. 2. Admittedly, the Appeal was filed by the writ petitioner who is the landlord before the third respondent/Superintendent of Engineer, disputing the theft of electric energy by his tenant. 3. The learned counsel appearing for the Tamilnadu Electricity Board pleaded that it is a pre-condition that for consideration of an Appeal, 40% of the disputed amount has to be deposited. Therefore, only on depositing the said amount, the Appeal will be taken into consideration for hearing. 4. The learned counsel appearing for the Writ Petitioner/landlord submitted that the writ petitioner will fulfill the required conditions before taking up of the Appeal for consideration by the third respondent. 5. In view of the submissions made by the learned counsel appearing on either side, this Court is inclined to direct the third respondent to consider the Appeal preferred by the writ petitioner on 22.12.2003, if it is in accordance with the Regulations and after affording an opportunity of personal hearing, pass final orders in accordance with the Rules, as expeditiously as possible, preferably within the period of eight weeks from the date of receipt of copy of this order. The Writ petition is disposed of accordingly. No costs. Consequently connected miscellaneous petition is closed.