ASST ACCOUNTS OFFICER, REVENUE DIVISION, POLUR; SUPERINTENDING ENGINEER TIRUVANNAMALAI ELECTRICITY SYSTEM, TIRUVANNAMALAI; ASST DIVISIONAL ENGINEER, OPERATION AND MAINTENANCE, TAMIL NADU ELECTRICITY BOARD, SANDHAVASAL Vs. VARADHAN

JUDGEMENT

(1.) The defendants in OS.No.561/1982, on the file of the District Munsif Court, Polur, North Arcot District, are the appellants.

(2.) The respondent/plaintiff filed the suit for permanent injunction against the defendants, not to disconnect the electricity service connection, bearing No.B.37. The plaintiff's case is that he is having electricity service connection for his agricultural purpose in SS2. He had taken part in the agitation conducted by the agriculturists and therefore, without any enquiry, the defendants have determined a sum of Rs.13,076/- and Rs.50/- in Account No.37, as if they are payable by the plaintiff and included 50% of the same, in the account number of the plaintiff in B.37 and called upon the plaintiff to pay the said amount within a week's time, failing which his service connection would be disconnected.

(3.) The appellants/defendants, in their written statement, had stated that the plaintiff was having electricity service connection in account number in B.37 for a well. Subsequently, the plaintiff dug a well and abstracted electricity directly from the electrical line and therefore, the plaintiff committed theft of energy and a criminal case was also filed against him in CC.No.474/1981 before the II Class Magistrate, Cheyyar. It is stated that the amount claimed by the defendants is a loss caused to the electricity department and therefore, the defendants are entitled to recover the said amount.