TAMIL NADU ELECTRICITY BOARD Vs. MOHIDEEN SAHIB

JUDGEMENT

(1.) THE unsuccessful defendant in O. S. No. 631 of 1999 on the file of the District Munsif Court, Gudiyattam, has filed the above second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) THE case of the plaintiffs is as follows:-The 1st plaintiff had set up flour mill and obtained electricity service connection bearing No. 120 from the defendant Electricity Board; in 1996 the 1st plaintiff's unit was recognised as a tiny unit by the Government of Tamilnadu and certificate to that effect was issued; the tariff to the 1st plaintiff's service connection was classified under Tariff III-A; the second plaintiff started a business of hulling paddy, soapanut power and decorticating of groundnut in October 1998 and the same was recognised as tiny unit and the second plaintiff got the electricity service connection No. 193 which was classified under Tariff III-A; while so according to the plaintiffs the defendant without issuing any notice and conducting any enquiry changed the tariff from III-A to tariff III-B and such change in tariff effected by the defendant is against the principles of natural justice and hence filed the suit for declaration and for consequential permanent injunction.