LAWS(MAD)-2004-3-15

ARIFUNNISA Vs. ASSISTANT ACCOUNTS OFFICER

Decided On March 10, 2004
ARIFUNNISA Appellant
V/S
ASSISTANT ACCOUNTS OFFICER Respondents

JUDGEMENT

(1.) The Petitioner prays for a Writ of Certiorari to call for the records relating to the order dated 04-03-1996 of the respondent and quash the same.

(2.) The petitioner contends that her husband's father Mr. Imam Sahib was the owner of the property. The entire unit along with the electricity connection was given under lease in the year 1975 itself to one Robiar Karaiyer. It is alleged that the said tenant had committed theft of electricity and had also left huge arrears payable to the respondent. On 14-03-1996 the impugned order was passed by the respondent calling upon the petitioner to pay a sum of Rs.88,670/-. Hence the above Writ Petition.

(3.) The Learned Counsel for the petitioner contends that the theft had been committed only by the tenant against whom criminal proceedings have also been filed and that there was no notice to the petitioner as contemplated under Clause 37 of the conditions.