TAMIL NADU ELECTRICITY BOARD Vs. SATHYA GNANA SABHAI

JUDGEMENT

(1.) THE defendant in O. S. No. 1033 of 1988 on the file of District Munsif, cuddalore, is the appellant herein.

(2.) THE respondent, Sathya Gnana Sabhai is a public charitable religious institution under the control of Hindu Religious and Charitable endowments, managed by the Executive Officer appointed by the said department. At the time of effecting service connection No. 5 for providing lights to the road leading to the said institution, the appellant Board applied Tariff II. Later, by Ex. A. 1 dated 14. 7. 1988, they sought to apply Tariff VIII, which was challenged by the respondent by filing the above said suit seeking for the relief of declaration and consequential injunction.

(3.) BEFORE the trial Court, the appellant herein marked Ex. A. 1, the impugned notice of the appellant dated 14. 7. 1988 and examined one Marimuthu, the Executive Officer, as P. W. 1. The respondent herein marked Ex. B. 1, the audit report dated 28. 6. 1988 and Ex. B. 2, Tariff Notification dated 6. 1. 1988 and examined one Ganesan as D. W. 1.