RAMANATHASAMY DEVASTHANAM RAMESWARAM Vs. ASSISTANT ENGINEER TAMIL NADU ELECTRICITY BOARD(DISTRIBUTION)

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff had filed O.S.No.86 of 2000 before the District Munsif Court, Rameswaram for the relief of declaration that the order of the defendants dtd. 30/8/1999 is invalid and for consequential injunction restraining the defendants from claiming additional electricity consumption charges for the period relating to April-1997 to December-1997. The suit was decreed by the trial Court as prayed for. Defendants filed A.S.No.15 of 2002 before the Principal District Court, Ramanathapuram. The learned District Judge was pleased to allow the appeal and dismissed the suit. As against the same, the present second appeal has been filed by the plaintiff.

(3.) The plaintiff has contended that the temple is a Hindu Religious Institution under the administration of the Commissioner, Hindu Religious and Endowment Department. According to the plaintiff, a meter was installed in the year 1996 and it was working in a good condition and at that point of time, monthly usage is about 16760 units. However on 30/8/1999, the defendants issued an order contending that between April -1997 and December 1997, the meter was defective and hence, an additional sum of Rs.51,256.00 has to be paid in view of audit objection. The plaintiff had sent a reply stating that the reading between April -1997 and December-1997 was correct. However, the defendants have not accepted the same and insisted the plaintiff to deposit the said amount and in default to face disconnection. Hence, the present suit.