S PALANISAMY Vs. EXECUTIVE ENGINEER TAMILNADU ELECTRICITY BOARD

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner challenging the Impugned Order of the 2nd respondent, dated 26.12.2009, disconnecting the electricity service connection and the order of the 1st respondent, dated 23.12.2009, passed in Lr.No.EE/O/TDLR/F Appeal D.No.10/2009 ,returning the appeal filed by the petitioner.

(2.) The learned counsel for the petitioner had submitted that the disconnection of the electricity service connection in the name of the petitioner ought not to have been done when the petitioner had filed the appeal before concerned authority and when it was pending. It is also submitted that 15 days notice, in writing, had not been given to the petitioner before the respondents had disconnected the supply of electricity.

(3.) The learned counsel for the petitioner had further submitted that he had filed an Appeal, in Form 6, to the prescribed appellate authority, under section 127(1) of the Electricity Act,2003, within the time limit of 30 days prescribed for the filing of the appeal. Further, the petitioner had also deposited half of the assessment amount, as per Section 127(2) of the Electricity Act,2003, along with the appeal fee of Rs.100/-, by way of Demand Draft. However, the first respondent, by his order, dated 23.12.2009, had returned the appeal stating that a civil suit is pending before the District Munsif Court, Avinashi. Since, there is no interim orders in the pending suit, in O.S.No.240 of 2009, the 1st respondent ought to have passed an order, on merits, as per the relevant provisions of law.