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2007 Supreme(Mad) 1209

P.JYOTHIMANI
Divisional Engineer (West), Tamil Nadu Electricity Board, Salem – Appellant
Versus
J. Rajendra Prasad – Respondent


For the Appellant:M/s. N. Muthusamy , Advocates. For the Respondent: ----.

Judgment :-

The unsuccessful defendant, the Tamil Nadu Electricity Board, in both the Courts below, is the appellant in the above second appeal. The suit was filed by the plaintiff for a declaration that the order passed by the defendant on 09.06.1987 is not binding on the defendant and also for a permanent injunction not to interfere with the electricity service connection in respect of Account No.64, Tariff No.IV, MBK Arisipalayam O & M. The case of the plaintiff was that he got the above said tariff connection for his Doll Mill and the defendant on the basis of an inspection stated to have been effected on 25.05.1984 has found that the seal has been broken and a bogus seal was implanted and therefore a criminal complaint was given before the Learned First Class Judicial Magistrate, Salem in C.C.No.188 of 1986 under Sections 39(1) and 44(c) of the Indian Electricity Act. In the meantime, the defendant-Board has sent an initial assessment notice as per the terms and conditions of supply on 10.06.1984 demanding an amount of Rs.3,31,580/-. When the respondent/plaintiff has approached the High Court by filing a writ petition against the said order, the High Court in W.P.Nos.6130 to 61











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