TNEB Vs. K KAMARUDEEN

JUDGEMENT

(1.) THE unsuccessful defendants in O.S. No. 200/85 on the file of the Principal District Munsif, Villupuram have preferred the present Second Appeal, aggrieved against the judgment and decree made in A.S. No. 130/86 dated 22.10.87 on the file of the Sub-Court, Villupuram, reversing the judgment and decree of the trial Court dated 19.6.86.

(2.) THE case in brief is as follows: " THE plaintiff filed the suit for declaration and permanent injunction. Admittedly, the plaintiff and his two brothers are running a Rice Mill under the name and style as Andavar Rice Mill. Previously, their father Kadar Oil Ravuthar was running the same. THEy have got a sanction load to use only 20 HP on 5.1.85, the squad of the Electricity Board inspected the service connection No. 31 in the rice mill and noticed the use of 35 HP, which is against the sanctioned load of 20 HP. On 11.2.85, a show cause notice was also issued by D3, calling upon them to pay further charge of Rs. 6255/-. No inspection was made as alleged by the defendants and only 20 HP was used by them and there was no violation on their part. Proper procedure has also not been adhered to by the inspecting authorities. THEy have been duly paying the consumption charged. Now, they have sent a notice of disconnection and hence, the suit.

(3.) THE points the arise for consideration are: