VASUDEVAN Vs. THE TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) Plaintiff in O.S.No. 358 of 1998 on the file of the District Munsif, Polur is the appellant in the second appeal.

(2.) The appellant/plaintiff filed the abovesaid suit for the relief of declaration that the notices dated 25.8.1998 and 28.7.1998 are illegal and void, for grant of permanent injunction restraining the defendants from collecting consumption charges under Tariff III-B and for grant of mandatory injunction directing the defendants to effect a separate single phase service connection under Tariff V to the plaintiff's premises. The case of the plaintiff is as follows:-

(3.) The suit was resisted by the defendant/ respondent herein contending that vide Government Order 17, dated 14.2.1997, the Government had issued revised Tariff rates wherein the ice factory has been categorised as an industry and the tariff was also changed and that the concession that was given to the plaintiff was withdrawn and the same was intimated to the plaintiff on 25.8.1998 and that according to the terms and conditions of Supply of Electricity approved in B.P.61 dated 24.12.1998, vide clause 501, the consumer shall pay charges as per the tariff that are being revised from time to time. It was further contended by the defendants that more than one service connection would be given, only if there is a permanent physical segregation of areas. The plaintiff has an appellate forum to vindicate his grievance, but, instead of doing so, he has come up with the present suit and hence, it may be dismissed, it was further contended by the defendants.