K.Chinnachamy v. The Executive Engineer

O R D E R The petitioner challenges the impugned order dated 28.07.2025 passed by the second respondent.

¶2Heard Mr. S.A. Ajmal Khan, learned counsel for the petitioner, and Mr. S. Deenadhayalan, learned counsel appearing for the respondents.

¶3The petitioner was accused of committing energy theft and, by order dated 21.06.2023, was directed to pay a sum of Rs.1,34,324/- towards penalty and other charges. Since the petitioner failed to pay the said amount, the electricity service connection to the petitioner's dwelling house was disconnected, which constrained the petitioner to approach this Court in W.P. (MD) No. 15922 of 2023. This Court, by order dated 13.03.2024, directed the respondents to restore the electricity service connection, subject to the petitioner depositing a sum of Rs. 30,000/-, and further directed the petitioner to file an appeal within a period of four weeks.

¶4The petitioner partially complied with the said direction by depositing a sum of Rs.30,000/-, upon which the electricity service connection was restored. However, the petitioner failed to file the appeal within the time stipulated by this Court. In view of the failure to prefer an appeal, the second respondent passed the impugned order dated

28.07.2025 directing disconnection of the electricity service connection.

¶5The learned counsel for the petitioner submitted that the appeal could not be filed within the stipulated time as the petitioner is ignorant and illiterate and was unaware of the consequences of not filing the appeal. He further submitted that the petitioner is willing to deposit a further sum of Rs.30,000/- and may be permitted to file an appeal within four weeks. It was also prayed that upon such deposit, the electricity service connection may be restored, since electricity is a basic amenity.

¶6Per contra, the learned counsel for the respondents submitted that since the petitioner failed to file the appeal within the time stipulated by this Court, the impugned order passed by the second respondent is justified.

¶7The submissions made by the learned counsel on either side have been duly considered.

¶8The petitioner has shown his bona fides by initially depositing a sum of Rs.30,000/- as directed by this Court. However, due to unavoidable circumstances, the appeal could not be filed within the stipulated period. Since the petitioner is now willing to deposit a further sum of Rs.30,000/-, this writ petition is disposed of, preserving liberty to the petitioner to file an appeal before the first respondent within a period of four weeks from today. If such an appeal is filed within the said period, the first respondent shall consider the same on its own merits, without going into the question of delay. In the meantime, the second respondent is directed to restore the electricity service connection to the petitioner's dwelling house forthwith, subject to the petitioner depositing a further sum of Rs.30,000/-.

¶9There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

Index :Yes / No

15.04.2026 Internet :Yes / No NCC :Yes / No cmr

HEMANT CHANDANGOUDAR, J.

cmr

15.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)Nos.8157 and 8158 of 2026 K.Chinnasamy ... Petitioner vs. 1.The Executive Engineer, Tamilnadu Generation and Distribution Corporation Limited, Office of TANGEDCO, Near by J.C.Petrol Bunk, Periyakulam, Theni Distrct. 2.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Limited, Office of TANGEDCO, Jeyamangalam, Periyakulam Taluk Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining the impugned order in Ka.No.O.Mi.Po/Pa/Jayam/Va.Aa.Ko/Aa.No.2025 dated 28.07.2025 on the file of the 2nd respondent and quash the same and to direct the respondents to provide electricity service connection to the petitioner's house situated at four roads junction, Main Road, Jeyamangalam, Periyakulam Taluk, Theni District. For Petitioner :Mr.S.A.Ajmal Khan For Respondents :Mr.S.Deenadhayalan *****