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1998 Supreme(Mad) 1480

A.RAMAMURTHI
The Tamil Nadu Electricity, Thanjavur Electricity System, rep. by Superintending Engineer – Appellant
Versus
Chandra Chakrapani – Respondent


Advocates:
Mr.V. Rengapashyam, Advocate for Petitioner. Mr.R. N. Kothandaraman, Advocate for Respondent.

Judgment :

1. The unsuccessful defendant is the appellant herein. The plaintiff filed a suit for permanent injunction. The plaintiff is the owner of Sangam Theatre at Thiruvarur. The electricity service connection No. 220 was given to the Theatre and the permitted work load was only 18. Kilo Watt. She has been paying the electricity charges regularly. On 12. 1983, some of the officials of the Electricity Department came to the Theatre for inspection and obtained some Statement from some person in the Theatre as if the electricity was used to the extent of 29. Kilo Watt and the work load was more than the permitted load. The inspector as well as the subsequent accounting is not proper and correct. The plaintiff sent a communication to inspect the Theatre again. But it was not carried out. Further a communication was sent to the plaintiff calling upon her deposit a sum of Rs, 2, 985 representing half of the provisional assessment within a period of 15 days failing which the service connection would be cut of. The communication sent by the department is arbitrary and no opportunity was also given to the plaintiff and hence the suit.

2. The defendant slated that the permitted load of














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