Madras High Court
Tamil Nadu Electricity Board vs Mayiladuthurai Loordu Madha ... on 6 July, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.282 of 2020
and
C.M.P.No.5840 of 2020
1.Tamil Nadu Electricity Board,
Represented by its Chairman,
Chennai.
2.Tamil Nadu Electricity Board,
Represented by its Divisional Engineer,
Mayiladuthurai.
3.Tamil Nadu Electricity Board Town,
Operation and Maintenance,
Mayiladuthurai West by its
Assistant Engineer. ... Appellants
Vs.
Mayiladuthurai Loordu Madha Hospital,
Represented by its Administrator,
Sister Annie Mathew,
Mettu Street, Mayiladuthurai - 609 001.
Nagai District. ... Respondent
PRAYER: Second Appeal filed under Section 100 of the Code of Civil
Procedure, 1908 against the Judgment and Decree dated 30.09.2016 made
in A.S.No.41 of 2015 on the file of the Principal Subordinate Judge of
1/9
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Mayiladuthurai, confirming the Judgment and Decree dated 10.08.2015
made in O.S.No.78 of 2013 on the file of the Additional District Munsif
Court of Mayiladuthurai.
For Appellants : Ms.Hemalatha Gajapathy
For Respondent : Mr.A.Muthukumar
JUDGMENT
Tamil Nadu Electricity Board is the appellant before this Court,
challenging the concurrent Judgment and Decree against them.
2. The facts which have culminated in filing of the above Second
Appeal is herein below narrated in order to appreciate the objections to the
Judgments under appeal.
3. The parties are referred to in the same array as before the Trial
Court.
4. The plaintiff had filed Suit O.S.No.78 of 2013 on the file of the
District Munsif, Mayiladuthurai for the relief of declaration that the demand
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made by the defendants is illegal and an unilateral one and for an injunction
restraining the defendants from disconnecting the plaintiff's electricity
service connection bearing No.521-016-199. It is the case of the plaintiff
that the plaintiff is a charitable organization and part of the organization
called Society of Mary Immaculate, which is a registered Society. The
plaintiff hospital has been functioning at Mayiladuthurai for several years
and the hospital is not being run for a commercial purpose but to help the
poor and needy at a minimal cost.
5. The electricity service connection to the hospital bears connection
No.521-016-199. The defendants have been periodically checking the
reading and entering the same in the consumer card which is given for the
said service connection. The plaintiff has also been, paying the charges as
set out in this consumer card without a demur or a delay. While so, in June
2010 the meter installed by the defendant was running at a very fast face
and exorbitant charges were levied on the plaintiff, as a result, the plaintiff
had made a complaint to the defendant and the staff from the defendant
board inspected the meter and removed the same, stating that they would re-
install it after its repair. An endorsement to this effect was also made on the
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consumer card. Thereafter, for the coming months, the defendants were
charging the consumption charges as per the reading of the earlier months.
The meter was removed on 29.06.2010. Thereafter, all over Tamil Nadu,
there was a serious power crisis and power outages were also frequent. The
plaintiff therefore has used the generators to generate electricity to run the
hospital.
6. The defendant had re-installed the meter on 11.10.2012. In
December, 2012, when the staff from the defendant Board has come to take
the reading, they had, in addition to the consumption charges for the current
month, also demanded a sum of Rs.2,72,992/- and made an endorsement to
this effect on the consumer card. When the plaintiff had questioned the
officials, they had informed that they knew nothing about the same and that
they could directly approach the third defendant. They had also informed
the plaintiff that the monthly charges would be received only if
Rs.2,72,992/- is cleared by the plaintiff.
7. The plaintiff had therefore issued a letter to the third respondent
asking him to cancel the demand. However, there was no response from the
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third defendant's office. It is also the case of the plaintiff that they have not
consumed more than their regular consumption and they were also not in the
habit of connecting heavy equipments at their premises. Therefore, they had
contended that the demand was unreasonable and liable to be set aside.
8. The defendant Board has filed a written statement contending that
the meter installed in the plaintiff's premises was non functional from
February 2010 to June 2010. Normally their consumption for a period was
7,405 units and this was taken as the basis and the same was entered in the
consumer card in June 2010. Thereafter, the old meter was removed and the
new meter was installed, since the meter was not functioning properly from
August, 2010 till June 2011. This meter was also removed and a new meter
was installed on 13.08.2012. Since consumption charges has not been levied
for the period during which the meter was defective, the Board after
following the Regulation had demanded a sum of Rs.2,72,992/- from the
plaintiff. The demand was only as per the Rules.
9. The Additional District Munsif, Mayiladuthurai before whom
O.S.No.78 of 2013 was pending, had framed the following issues:
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1. Whether the plaintiff is entitled for the relief of
declaration as prayed for?
2. Whether the plaintiff is entitled for the relief of
permanent injunction as prayed for?
3.To what relief the parties are entitled to?
Ultimately, the learned Judge had decreed the suit holding that the
demand was arbitrary and contrary to the Principles of Natural Justice. The
learned Judge has also held that there is no legal basis for the demand.
10. Challenging the said Judgment and Decree, the Board had filed an
appeal before the Principal Sub Court, Mayiladuthurai. The learned
Subordinate Judge concurred with the findings of the Trial Court and
dismissed the appeal. Challenging this concurrent Judgment and Decree, the
appellant Board is before this Court.
11. The only grounds of challenge in this appeal is that the Suit has
not been filed by the proper person and evidence has also not been adduced
by a duly authorized person from the plaintiff side. Further the Suit was not
maintainable, as there is an alternate remedy under Section 11(7) of the
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Tamil Nadu Electricity Supply Code (hereinafter called the Code).
12. Heard the learned counsels appearing on either side and perused
the materials available on record.
13. A mere perusal of the written statement filed by the appellant /
Board before the learned District Munsif would clearly show that it does not
contain any pleading with reference to the grounds now raised. It is for the
first time that the same has been raised in this Second Appeal. The Courts
below have concurrently held that there is no legal basis for the levy and the
levy of penalty has been made arbitrarily, without following the Principles
of Natural Justice.
14. The Courts below have observed that the appellant / Board has
not followed the procedure contemplated under Rule 11 of the Tamil Nadu
Electricity Supply Code, 2004.
15. This Court sitting in Second Appeal does not wish to re-
appreciate the well considered Judgment and Decree of the Courts below.
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Considering the fact that no substantial question of law has made out and
since the appellant has raised new grounds, not earlier pleaded, this Second
Appeal is dismissed. No Costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
06.07.2022
Index : Yes/No
Speaking Order : Yes / No
ab
To
1.Tamil Nadu Electricity Board,
Represented by its Chairman,
Chennai.
2.Tamil Nadu Electricity Board,
Represented by its Divisional Engineer,
Mayiladuthurai.
3.Tamil Nadu Electricity Board Town,
Operation and Maintenance,
Mayiladuthurai West by its
Assistant Engineer.
4.The Section Officer,
VR Section, Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
P.T. ASHA, J,
ab
S.A.No.282 of 2020
and
C.M.P.No.5840 of 2020
06.07.2022
https://www.mhc.tn.gov.in/judis
