USMAN SHARIF Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the third respondent the Assistant Executive Engineer, O&M / Madhavaram / C ED C/ North, Tamil Nadu Electricity Board dated 15.09.1998, under which the third respondent has issued a revised bill for payment to be made by the petitioner in respect of M.E.S. A/c.No.73:01:30 in the factory premises of the petitioner at No.69, G.N.T. Road, Madhavaram.

(2.) THE impugned order is challenged on various grounds including that the third respondent has computed the period of defective supply from 15.02.1997 to 28.07.1998, which is without any basis. It is also the case of the petitioner that inspection was carried out by the Electricity Board on 29.05.1998 and thereafter, new meter was installed on 28.08.1998 and in such circumstances, the amount which should have been fixed must be as per the provisions of the Electricity Supply Act and therefore the exorbitant claim of the third respondent against the petitioner for payment of Rs.1,53,363/- has no legal basis whatsoever.

(3.) ON the other hand, it is the contention of the learned standing counsel for the respondent Electricity Board that the calculation is made in the usual process and there is no deviation or illegality in the calculation made by the third respondent. It is his submission that when inspection was made on 29.05.1998, out of three phase commercial connection, the meter reading was not recorded in one phase at all and therefore, it was a suspected case of tampering. In view of the same, instead of proceeding under power theft, the amount has been calculated as per the Code.