LAWS(MAD)-2008-12-87

NAMMALAVAR PRESIDENT BALRAJAPURAM SMALL FARMERS LIFT IRRIGATION SOCIETY Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

Decided On December 04, 2008
NAMMALAVAR PRESIDENT, BALRAJAPURAM SMALL FARMERS LIFT IRRIGATION SOCIETY Appellant
V/S
CHAIRMAN TAMIL NADU ELECTRICITY BOARD AND OTHERS Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) IT has been stated that the petitioner has filed the present writ petition as the President of Balrajapuram Small Farmers Lift Irrigation Society, Karur District. The writ petition has been filed challenging the impugned proceedings of the second respondent, dated 13.11.2002, demanding the payment of Rs.30,000/- towards the electricity charges for the past three years at Rs.250/- per horse power and to pay a sum of Rs.250/- per horse power per annum every six months in the months of August and February of each year.

(3.) THE main contention of the learned counsel for the petitioner is that the impugned proceedings of the second respondent, dated 13.11.2002, is arbitrary and without jurisdiction, as it has been issued without giving an opportunity to the members of the petitioner Society before revising the electricity tariff applicable to them, with retrospective effect.