VISAITHARI THUNI THAYARIPPALARGAL SANGAM PODATHURPETTAI Vs. TAMIL NADU ELECTRICITY BOARD BY ITS CHAIRMAN MADRAS

JUDGEMENT

(1.) THE petitioner is a registered association called the Visaithari Thuni Thayarippalargal Sangam. It prays for the issue of a writ of certiorarified mandamus to call for the records of the third respondent viz. Executive Engineer, Kanchi Electricity Distribution Circle, made in K. 16/290/88 dated 30-11-1988, to quash the same and to direct the first respondent viz. Tamil Nadu Electricity Board, to refrain from charging under L.T. Tariff No. 4 in respect of the power consumed by the members of the petitioner Association, and to collect electric charges applicable under L.T. Tariff No. 1.

(2.) THE petitioner association states that its members are eking out their liveli-lihood through powerlooms installed in their houses that the power consumed by them ranges from 1 to 1.5 H.P., which is within the 5 H.P mentioned in G.O. Ms No. 3042 P.W. (Electricity) dated 23-12 1980, and that they are liable to pay consumption charges only under L.T. Tariff No. 1 at 55 paise per unit.

(3.) WHEN a writ petition is filed by an association, consisting of nearly two hundred members, it may not be possible in the very nature of things to ascertain whether each member of the sangam or association satisfies the requirements of G.O Ms. 3042 P.W (Electricity) dated 23-12-1980. The applicability of the Government Order will have to be decided with reference to the facts of each individual consumer. One member-cousumer may have a connected load of more than 5 H P. while another may have less than 5 H.P. Similarly, one may run a powerloom within his residential portion while another may run it in a shed adjacent to his residential portion. Likewise, in one establishment, there may be more than ten employees and in another there may be less than ten employees. Hence, there cannot be a blanket order as prayed for in the writ petition to direct the respondents to collect from all the members of the petitioner associotion, electricity consumption rates at L.T. Tariff No. 1. The representation made by the president of the association to the Executive Engineer resulted in the impugned order and it cannot also be quashed for the same reason. It is for each of the members of the petitioner association to approach the concerned officer in this regard satisfy him that he comes within the provision of G.O. Ms. No. 3042 P.W. (Electricity) dated 23-12-1980 as amended from time to time and seek for a fixation of the correct tariff applicable to him. With these observations, the writ petition is dismissed. No costs.