HARRISONS MALAYALAM LTD Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a Plantation situated in Gudalur Taluk, Nilgiris District. They have come forward with the present writ petition challenging the impugned order dated 10. 09. 2009 passed by the third respondent.

(2.) BY the impugned order, the third respondent informed the petitioner that on inspection, they found an offence of theft of energy by providing bogus seal which is fixed on the left side of the meter fixing plate, seal No. 270616. In view of the theft of energy, the petitioner was informed that they will be punished under Section 135 of the Electricity Act 2003.

(3.) THOUGH it is stated in the impugned order that the petitioner opted for compounding offence in terms of Section 152 of the Electricity Act 2003, Mr. yashod Varadhan, the learned senior counsel for the petitioner has now submitted that they have not opted for any compounding. However, the impugned notice informing the petitioner that they have committed the theft of energy is now sought to be challenged in the present writ petition. When the matter came up before this Court, this Court directed the petitioner to deposit Rs. 5,00,000/- as condition precedent for not disconnecting the power supply. Now it is claimed by the learned senior counsel for the petitioner that the petitioner has complied with the said order.