DURAISAMY Vs. THE ASSISTANT EXECUTIVE ENGINEER (DISTRIBUTION)

JUDGEMENT

(1.) This Writ Petition is filed for issuance of a Writ of Certiorari calling for the records pertaining to order passed by the respondent in Ka.No.Vu.Se.Po/Distribution/Singampunari/ Va.A/Ko.MinThiruttu/A No.291/13, dated 30.05.2013 and quash the same.

(2.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(3.) It is the case of the petitioner that the petitioner was given a service connection vide electricity service connection No.488 -002 -618 for running a small flour mill. It appears that an inspection was done by the officials of the respondent on 22.05.2013. It is alleged that the petitioner has made some arrangements to give direct connection bye - passing the meter so as to avoid recording of actual consumption of energy. The petitioner was issued with the impugned order dated 30.05.2013 demanding a sum of Rs. 1,15,374/ -, as per the work sheet annexed to the impugned order. Though the petitioner has raised some factual issues, the impugned order suffers from material irregularity, as the same is not preceded by a provisional assessment, as required as per the Electricity Act. This Court has earlier pointed out that final demand can be made only after making the provisional assessment and giving an opportunity to the consumer to show cause against the provisional assessment. The learned counsel for the petitioner relied upon a judgment of this Court in the case of S.Senthil Kumar and Another v. Executive Engineer (Distribution), Tamil Nadu Electricity Board, Coimbatore District and another reported in (2008) 4 MLJ 546 wherein at paragraph 9 it has been held as follows: