TAMIL NADU ELECTRICITY BOARD Vs. R RAJA

JUDGEMENT

(1.) THE unsuccessful defendants, Tamil Nadu Electricity Board in both the Courts below are the appellants. The plaintiffs filed the suit for a declaration that the order of the second defendant, namely, the Assistant Divisional Engineer Distribution, P. D. R. Coimbatore Electricity System, Coimbatore-23 dated 16. 04. 1987 marked as Ex. A. 1 is opposed to law and rules governing the Electricity Board and the terms and conditions of supply and for an injunction against the defendant Board from disconnecting the electricity supply.

(2.) THE plaintiff's case was that he is the owner of the electricity connection No. 1182 SIDCO having obtained on 29. 01. 1986 with permission to use 125 H. P. and he has been using various machines within the power limit and in fact the third defendant has tested the same on 26. 03. 1987 and the horsepower used by the plaintiff was found to be 123. 5 H. P. While so by the letter, dated 16. 04. 1987 the second defendant has alleged that the plaintiff has used excess H. P. and directing to stop the same failing which the electricity connection will be disconnected. The challenge against the Ex. A. 1 order is made on the basis that the same has been arrived at without enquiry and without opportunity and it is against the Indian Electricity Act, Section 24 (4) and the plaintiff's signature was obtained by compulsion.

(3.) THE defendants have raised the defense that as per the Indian Electricity Act, 1910 Schedule 4 (3), using of the excess horsepower is misconduct. Simply because the defendants used to check up the electricity connection periodically it does not mean that the defendants have accepted that the plaintiffs are using the power within the limit. It is the defendant's case that by conduct of the plaintiff the defendants board has incurred a loss of Rs. 1,16,060/ -.