PADMAVATHI AMMAL Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 12.4.1993 rendered in A.S.No.231 of 1992 by the Court of Subordinate Judge, Cuddalore thereby confirming the judgment and decree dated 2 4.1.1992 rendered in O.S.No.229 of 1989 by the Court of District Munsif, Cuddalore.

(2.) Tracing the history of the above second appeal coming to be preferred, it comes to be known that the appellant herein has filed the suit in O.S.No.229 of 1989 on the file of the Court of District Munsif, Cuddalore as against the respondents/The Tamil Nadu Electricity Board and its officials for declaration to the effect that the order dated 10.3.1989 made in No.4648/88-89 by the respondents is deliberate and contrary to law and the same is not legally valid and for permanent injunction from disconnecting the Service Connection No.216 and for costs.

(3.) In the plaint, the appellant/plaintiff would submit that he is running a rice mill viz. Vetrivel Rice Mills for which the service connection number is 216 and the power supply was given by the respondents with provision for a 20 H.P. Motor; that the Inspection Officer of the respondents, having inspected the rice mill on 10.3.1989, submitted a report stating thereby that instead of making use of a 20 H.P. Motor, the plaintiff made use of a 30 H.P. Motor and hence required the plaintiff to pay a penalty of Rs.14,970/= within fifteen days, lest they would cut-off the power supply, as per the notice issued by the second defendant.