THIRUMANGALAM AGRICULTURAL PRODUCERS CO-OP MARKETING SOCIETY LTD REP THROUGH ITS SPECIAL OFFICER THIRUMANGALAM Vs. SUPERINTENDING ENGINEER MADURAI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree dated 6/7/2005 in A.S.No.213 of 2004 passed by the learned First Additional Sub-Judge, Madurai in confirming the Judgment and Decree dated 5/1/2004 in O.S.No.10 of 2002 passed by the learned District Munsif, Thirumangalam.

(2.) THE PLAINT SCENARIO:- The Appellant/Plaintiff/Society is engaged in marketing the consumer items like sugar, wheat, rice etc., and also ginning cotton and decorticating the ground nut. The farmers used to bring cotton and ground nut for ginning and decorticating purposes and the Appellant/Plaintiff/Society would do the job on receiving the conversion charges only according to the quantity brought by the farmers. Earlier, practically, there has been no competition for ginning the cotton. As such the Appellant/Plaintiff/Society would invariably received large quantities of cotton and ground nuts being brought by the farmers. At that time, there would be a full time functioning of machineries being used for ginning and decorticating purposes. Also, there would be the consumption of electricity to a considerable level and even on those occasions, the maximum electricity consumption charges would be around Rs.10,000/-.

(3.) The service connection available in the Appellant/Plaintiff/Society premises for operating the machinery is S.C.No.P267. The other service connection in the premises of the Appellant/Plaintiff/Society is S.C.No.P265 which is intended for the lighting purposes. The said service connection would be in operation to the fullest extent only when the machinery in the premises are operated. On other occasions, the lighting will be confined to the office room only which will not attract more than a minimum charge which would be around Rs.70/-. The audit books of the Plaintiff/Appellant/Society will clearly establish the amount of business done by the Society and how much of the conversion charges was received by the Appellant/Plaintiff/Society.