This writ petition coming on for hearing on Wednesday, the 6th, Thursday, the 7th and Friday, the 9th day of December, 1995 upon perusing the petition and the affidavit filed in support thereof the order of the High Court, dated 10-10-95 and made herein and the counter and reply affidavits filed herein and the records relevant to the prayer aforesaid and comprised in the return of the respondents herein to the writ made by the High Court, and upon hearing the arguments of Mr. K. Ravi, Advocate for the petitioner, and of Mr. R. Krishnamoorthy, Senior Counsel assisted by Mr.S. Rajeswaran, Advocate for the respondents, and having stood over for consideration till this day, the Court made the following order:-

The prayer in the writ petition is to issue a writ of declaration the entire paragraph 9.00 and paragraphs 11 and 12 of Schedule Part I of the Schedule to the Revised Terms and Condition of Supply of Electricity formulated by the 1st respondent in B.P. Ms. (FB) No.61 dated 24-12-1988 and Appendix VI and VII thereto insofar as they relate to the theft of energy, as they stand now are ultra vires the powers of the 1st respondent and violative of Article 14 of the Constit