Back
2003 Supreme(Mad) 1510
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.D.Dinakaran, J.
Ramco Industries Limited represented by its Authorised Signatory, K.Ramachandran, Chennai
Versus
The Superintending Engineer, Vellore Electricity Distribution Circle, Gandhi Nagar, Vellore and another
W.P.Nos.17118 of 2000 and 7015 of 2003
Decided On : 30 September 2003
Mohan Parasaran, Senior Counsel, for Satish Parasaran, for Petitioner.
G.Vasudevan, for Respondents.
Headnote:Terms and Conditions of Supply of Electricity by Tamil Nadu Electricity Board, Schedule, Part I clauses 2.04, 31.02 and 37-Allegation of misuse of consumption-Payment of charges as compensation ordered by the Board without assigning any reason and considering the explanation submitted by petitioners-Non-application of mind by the Board-Matter remanded for denovo enquiry.
2.1. The Superintending Engineer, Vellore, by proceedings dated 19.8.2000 demanded a sum of Rs.3,21,338 towards the compensation charges, as per Clause 2.04-5.02 of the schedule of the terms and conditions of the supply of electricity and required the petitioner to make the said payment of Rs.3,21,338 in ten monthly instalments.
2.2. The order of the Superintending Engineer dated 19.8.2000 reads as follows.
"TAMIL NADU ELECTRICITY BOARD
ASSESSMENT ORDER FOR VIOLATION OF THE TERMS AND CONDITIONS OF
SUPPLY OF ELECTRICITY AS PER CLAUSE 6.02 UNDER SCHEDULE - PART I OF
TERMS AND CONDITIONS OF SUPPLY OF ELECTRICITY.
FROM
B.G.DAYALAN, B.E.
SUPERINTENDING ENGINEER
VELLORE ELECY. DISTN.
CIRCLE, GANDHI NAGAR
VELLORE-6 TO
M/s.RAMCO INDUSTRIES LIMITED
ht sc no.1177/TF I
ARAKKONAM
THROUGH: AEE/O&M/SOUTH ARAKKONAM
LETTER No.662/SEV/G1.FHT.SC.1177/2000 Dt. 19.8.2000
Sir,
Sub: ELECY - VEDC - HT SC no.1177 TF.II/M/s Ramco Industries Limited,
Arakkonam - Violation. Assessment Order Issued.
Ref: 1. Lr.No.EE/D&M/ARK/PI/F.APTRS/D169/98/ dated 17.7.1998
2. Your letter dated 29.7.1998
------
On 12.5.1998 at 12.00 Hrs. the Electricity Service Connection HT.SC.No.1177/TF.I M/s Ramco Industries Limited, Arakkonam was inspected by the Assistant Executive Engineer APTS/Vellore in the presence of your representatives Thiru V. Veeraraghavan, Junior Engineer of your Company.
During the inspection, the following violations of the terms and conditions of supply of Electricity have been noticed by the said officers.
1. One 10HP Water motor pumpset is used for pumping the water from the well to the OH Tank. The water thus stored in OH tank is used for industrial and office use and also used for construction of new office building.
2. One No. 24 KVA Welding set is used for welding purpose for erection of new fly ash silo.
3. A show cause notice has been issued to you by Executive Engineer/O&M/Arakkonam in the reference (1) above, as to why you should not be held liable for the above violation and as to why compensation charges should not be levied and collected as per the terms and conditions of supply of electricity.
4. A detailed enquiry was conducted at your request on 10.11.98 and 11.11.1998 in the presence of your representative Thiru R. Sundararajan, Gandhi Nagar and on detailed examinations of the connected records the enquiry proceedings as well as evidence adduced during the enquiry, it is confirmed that there is misuse of consumption on the date of inspection as per Schedule 37 Clause 2.04 of the schedule part II (P.No.66) of the terms and conditions of supply Schedule 37.
5. The compensation charges payable by you under Clause 2.04 and 5.02 of the schedule to the terms and conditions of supply of Electricity is worked out to Rs.3,21,338 (Rupees three lakh twenty-one thousand three hundred and thirty-eight only).
The detailed working sheet is enclosed. You are permitted to pay the amount in instalments as shown below:
(1) 1st instalment 32,141.00 on or before 5.10.2000;
(2) 2nd instalment 32,133.00 on or before 5.11.2000;
(3) 3rd instalment 32,133.00 on or before 5.12.2000;
(4) 4th instalment 32,133.00 on or before 5.1.2001;
(5) 5th instalment 32,133.00 on or before 5.2.2001;
(6) 6th instalment 32,133.00 on or before 5.3.2001;
(7) 7th instalment 32,133.00 on or before 5.4.2001;
(8) 8th instalment 32,133.00 on or before 5.5.2001;
(9) 9th instalment 32,133.00 on or before 5.6.2001;
(10) 10th instalment 32,133.00 on or before 5.7.2001.
The power supply will be disconnected in case of your failure to pay any of the instalments on or before the dates specified herein.
The failure to pay any of the further instalments will result in disconnection of power supply to your service connection without any further notice.
If you seek for reconnection after the expiry of due dates for payment of respective instalments, you should pay the defaulted instalments along with the interest or b
