WP/40675/2026 of CHANDRASEKAR Vs The Superintending Engineer on 6 October 2026

ORDER

The writ petition is filed seeking the following relief : " To direct the respondents to forthwith restore the commercial electricity service connection bearing No.03-163-001- 1758 in respect of the petitioners premises comprised in Survey Nos.428/1B3A and 429/2C1, situated at Rakkiyapalayam Village, Thirumuruganpoondi, Avinashi Taluk, Tiruppur District and consequently direct the respondents not to give effect to or recover the alleged demand of Rs.7,58,433/- till the completion of proceedings initiated under Section 126 of the Electricity Act, 2003."

2. The case of the petitioner is that he is the owner of the subject property by virtue of a registered settlement deed executed by his father Karuppanan. On 11.09.2026, the second respondent had inspected the subject property and had issued a copy of the alleged provisional assessment styled as 'Mahazar' for a sum of Rs.7,58,433/-, however, the said provisional assessment does not disclose the basis, computation or methodology in arriving at the said sum. The allegation made against the petitioner is that he was involved in unauthorised usage of electricity. The alleged Mahazar states that the petitioner had obtained a temporary electricity service connection bearing Service Connection No.03- 163-001-2945 for a construction of a building, which consists of five floors measuring 10,000 sq.ft. in which a hospital was run in the name of M/s.Priya Thulair Maruthuvamanai, and in addition, the petitioner had also extended the existing commercial service connection No.03-163-001-1758 to the said hospital. The Mahazar also states that the petitioner has not produced the completion certificate of the construction to the authorities concerned.

3. In reply, the petitioner had denied the allegations and would allege that originally there were two separate buildings in the said property, and in one of the buildings, shops had been constructed, for which a commercial electricity connection bearing No.03-163-001-1758 was obtained in the name of his father Karuppannan and the other building is in a dilapidated condition. The petitioner would allege that he had obtained necessary permission from the local authority for the demolition and reconstruction of the dilapidated building, for which purpose, he had obtained the temporary service connection bearing No.03-163- 001-2945. The petitioner would further submit that since there arose some alterations in the reconstruction of the building, he had submitted an application to the local body authorities and the same is pending consideration. He would also submit that during the reconstruction, the existing portion of the building and the newly constructed portion are constructed in such a manner that it formed a single building, and a portion of which was let out for running the aforesaid hospital.

4. While so, the petitioner had also submitted an application to the second respondent seeking to transfer the electricity service connection No.03-163-001- 1758 which is standing in the name of his father, to his name and for shifting the said electricity connection to the portion occupied by the hospital. Thereafter, the officials had visited the petitioner's property and had passed orders on 13.12.2025 and 08.01.2026 in favour of the petitioner with reference to his aforesaid request. In the meanwhile, the petitioner had submitted a detailed reply on 15.09.2026, objecting to the proposed provisional assessment dated 11.09.2026, which was duly received and acknowledged by the second respondent. However, the second respondent without considering the objections of the petitioner to the first provisional assessment order, had proceeded to issue the second provisional assessment order on 16.09.2016, alleging the same contents as contained in the first provisional assessment order. The petitioner had thereafter submitted a detailed reply to the second provisional assessment order on 19.09.2026, and the same was received and acknowledged by the second respondent. Despite receipt of the petitioner's objections to provisional assessment orders and the same are pending before them, the second respondent had proceeded to disconnect the service connection 25.09.2026. Hence, the petitioner is before this Court seeking a direction to the respondents to forthwith restore the service connection bearing No.03-163-001-1758.

5. Heard the learned counsel on either side and also perused the materials placed on record.

6. A perusal of the records would indicate that there was a commercial electricity service connection bearing No.03-163-001-1758 standing in the name of the petitioner's father Karuppanan. The petitioner had sought to have the said commercial electricity service connection in 03-163-001-1758 transferred and shifted to his name and the same has been effected on 12.01.2026 in petitioner's name. The temporary service connection bearing No.03-163-001-2945 was allotted to the petitioner for the purpose of reconstruction of a building consisting of five floors measuring approximately 10,000 sq.ft., in which a hospital in the name and style of M/s.Priya's Thulair Maruthuvamanai, is being run. It was alleged that the petitioner had used the existing commercial electricity connection for the said hospital. The respondent had detected the theft of energy in this service connection, and the proceedings under Section 126 of the Electricity Act, had been initiated against the petitioner. Therefore, the respondent had disconnected the commercial electricity service connection No. 03-163-001-1758 on 25.09.2026. It is informed that the proceedings are at the stage of enquiry. At this juncture, the petitioner's request for restoring the commercial service connection in 03-163- 001-1758, cannot be granted, more particularly when the petitioner has been accused of theft of energy. The petitioner can await for the result of the enquiry initiated under Section 126 of the Electricity Act, 2003.

7. With the above observations, the writ petition is dismissed. However, the respondents are directed to dispose of the proceedings initiated under Section 126 of the Electricity Act, against the petitioner, within a period of three weeks from the date of receipt of a copy of this order. Till the disposal of the said enquiry, the recovery shall not be initiated against the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

To:

1. The Superintending Engineer The Tamil Nadu Power Distribution Corporation Limited, Ainashi Road, Kumar Nagar, Tiruppur-641 603.

2. The Assistant Executive Engineer The Tamil Nadu Power Distribution Corporation Limited, Tiruppur Distribution Circle, City/Avinashi, Tiruppur District.

P.T.ASHA J. DS WP No. 40675 of 2026 AND WMP NO. 45631 OF 2026 06-10-2026