T M NARASIMHAN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 10 January 2013 in W.P.No.39070 of 2002, whereby and whereunder, the learned Single Judge dismissed the writ petition filed by the appellant, challenging the order passed by the appellate authority on the ground that reasons were not given with respect to the finding relating to theft of energy.

(2.) The premises in the possession of the appellant was inspected by the Assistant Executive Engineer, Valasaravakkam along with a team. The team appears to have detected theft of energy by removing the top cover of the meter and reducing the actual recorded consumption by the appellant. The jurisdictional Engineer preferred a complaint before the police and thereafter, initiated proceedings for collection of the energy charges.

(3.) The order passed by the competent authority determining the extra levy amounting to Rs.46,66,107 under sub clause 8.02 of clause 37 of Schedule Part-I of the terms and conditions of supply of electricity was challenged by the appellant in W.P. No.6910 of 2001. The Writ Petition was disposed of by the Writ Court, by order dated 09 April 2001 with a direction to the appellant to file an appeal before the appellate authority after paying a sum of Rs.3,11,074/-. The appellant complied with the said direction and filed an appeal. The appellate authority, on consideration of the appeal, passed an order dated 04 June 2001. The said order was put in issue before the Civil Court in C.S.No.986 of 2001 on the ground that the finding was not supported by reasons.