KABINI POLY BAGS (P) LTD., REP. BY ITS MANAGING DIRECTOR V. KRISHNA, MADRAS Vs. TAMIL NADU ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, ANNA SALAI, MADRAS,

JUDGEMENT

(1.) The petitioner/factory has filed the above writ petition seeking to issue a writ of certiorarified mandamus, calling for the records in the impugned notice of the third respondent bearing Lr. No.AEE/O&M/AB5/F.NPC/Doc.No.A.29/D.892/94, dated 20 -10 -1994, quash the same and direct the respondents to refund a sum of Rs.23,948/ - paid by the petitioner under threat of disconnection and protest, involuntarily, without prejudice to the petitioner's claim to refund together with interest and compensation.

(2.) The petitioner/factory has electricity service connection in S.C. No.32:06:500, at its premises at No.86, P.K. Mohammed Road (Off: Vanagaram Road), Athipet, Ambattur, Chennai -600 053. On 22 -9 -1994, two capacitors were removed as they have become defective and could not be rectified and re -fixed, as the electrician was on leave. On 23 -9 -1994, the Anti -power Theft Squad headed by the Assistant Executive Engineer/Anti -power Theft Squad (Central) inspected the service connection of the petitioner/factory and found that the capacitors were not provided. It was brought to the notice of the Squad that the capacitors became defective and hence were removed and placed separately, and the same could not be rectified and re -fixed as the electrician was on leave on that day. The Assistant Executive Engineer (O & M), Madras Electricity Distribution Circle West, Ambattur, Chennai -600 053 sent a letter bearing No.AEE/O&M/AB5/F.NPC/Doc.No.A.29/D.892/94, dated 20 -10 -1994, stating that the petitioner/factory must pay compensation for not providing capacitors, that the compensation charges work out to Rs.23,948/ - and that the petitioner/factory was requested to pay the amount within 15 days from the date of receipt of that letter, failing which, the service connection would be disconnected without any further notice. The petitioner/factory, in order to avoid disconnection, paid the compensation charges as sought for by the Board. Thereafter, the writ petition has been filed to cancel the impugned notice dated 20 -10 -1994 and direct the respondents to refund the amount of compensation thus paid by the petitioner/factory.

(3.) No counter has been filed by the respondents.