V M PRABAKARAN Vs. EXECUTIVE ENGINEER/OANDM

JUDGEMENT

(1.) THE petitioner is the Proprietor of Hari Water Service, having its business at Gandhi Road-6, Arakkonam Taluk, Vellore District. THE said unit was registered as a Small Scale Tiny Unit by the District Industries Centre, Directorate of Industries, Government of Tamil Nadu, by its proceedings in D.Dis.No.237/D2/98. THE only activity going on in the said unit is water servicing the automobile vehicles. A permanent registration certificate for the same was issued by the District Industries Centre by order dated 12.06.1998. THE petitioner unit has got electricity service connection under Service connection No.13598/G from the Tamil Nadu Electricity Board. From its inception, the electricity charges were collected for the said service connection as per Low Tension Tariff III-B as per the Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act 1978 (Tamil Nadu Act 1 of 1979) as amended with effect from 07.01.2000.

(2.) WHILE so, the second respondent by his proceedings in Lr.No.AE/O&M/T/AK/F.Audit/ A424/2000 dated 10.10.2000 has converted the tariff from Low Tension Tariff No.III-B to Low Tension Tariff No.V and has directed the petitioner to pay the differential tariff amount for the period between 20.10.2002 and 15.03.2001. Challenging the same, the petitioner is before this Court with this writ petition.

(3.) A perusal of the above would go to show that if only, the petitioner is an industry, then the same can fall under Low Tension Tariff III-A or III-B, otherwise, the appropriate tariff would be Low Tension Tariff No.V. Curiously, the term -Industry" has not been defined in the Act.