V R RADHAKRISHNAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS writ petition is filed praying to issue a writ of Certiorari to call for the entire records insofar it relates to the proceedings of the first respondents in his proceedings in letter No.EE/W/MDU/AE/I ER/AA No. 09/02-03/D.No.1129/02, dated 30.10.2002 and quash the same.

(2.) THE petitioner is a company by name Sri Valli Rubbers and is a consumer of power in Service No.1541 TF III B. On 23.8.2002 at 11.10 hours, Anti Power THEft squad made a surprise inspection of the petitioner industry in the presence of one Selvaraj, representative of the petitioner industry and they found a hole on the top of the meter and it was found that through the hole, the meter was tampered, the recording mechanism was altered, the security seal was also tampered and thereby, the authorities concluded that there was theft of energy. A police complaint was lodged in Cr.No. 941 of 2002 on 23.8.2002 before the Subramaniapuram Police Station. An observation mahazer was prepared on the same day and a show cause notice dated 21.9.2002 was issued for which, the petitioner gave a reply on 10.10.2002. Based on the show cause notice, reply and other material records, an order came to be passed by the Executive Engineer, determining certain amount as due and payable towards theft of energy. THE sum determined was at Rs.1,91,736/- of which, Rs.63,920/- was already paid leaving a balance amount of Rs.1,07,816/-. Though the order states that an appeal can be filed against the said order before the Superintending Engineer, Madurai, the petitioner chose to file the writ petition and the following interim order was passed on 11.12.2002. "THE petitioner seeks to modify the order passed by this Court dated 12.11.2002 in WP.M.P.No.63157 of 2002. By the said order, this Court directed the petitioner to pay instalments up to the end of 5th instalment namely 15.3.2003.

(3.) THE various grounds raised in the writ petition relate to a dispute that the petitioner raised with regard to the manner of inspection, the mahazer report etc. THEse are all factual disputes raised by the petitioner. THE respondents have filed a counter affidavit specifically objecting to the filing of the writ petition stating that an appeal remedy is available and since the same has not been exhausted, the writ petition has to be dismissed. Para 9 of the counter affidavit reads as follows:-