P SUBRAMANIAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This second appeal is directed against the Judgement and Decree dated 28.08.2003 passed in A.S.No.60 of 2003 on the file of the District Court, Salem, reversing the Judgment and Decree dated 04.04.2002 passed in O.S.No.81 of 2000 on the file of the Principal district Munsiff Court, Salem.

(2.) The second appeal has been admitted and the following substantial question of law was formulated for consideration:

(3.) The plaintiff has levied the suit for declaration and permanent injunction, challenging the change of Tariff to the service connection effected in his S.M.T Service Station from Tariff III-A to Tariff-V with effect from October, 1998 directing him to pay a sum of Rs.16,448/- being the differential consumption charges. Apprehending that the defendant would disconnect the service connection if the amount as claimed is not paid, according to the plaintiff, he has been constrained to lay the suit against the defendant contending that the change of Tariff is arbitrary, illegal as no show cause notice has been issued to the plaintiff to set forth his case before effecting the change of Tariff.