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2007 Supreme(Mad) 1749

M.JAICHANDREN
M. Prem Selvi – Appellant
Versus
The Executive Engineer, (Distribution) Electricity, Distribution Circle/South, Tatabad, Coimbatore & Another – Respondent


Advocates:
For the Appellant :R. Subramanian, Advocate. For the Respondent:
N. Muthusamy, Advocate.

Judgment :-

This second appeal has been preferred against the judgment and decree of the learned Principal District Judge, Coimbatore, dated 7. 1996, made in A.S.No.173 of 1995, reversing the judgment and decree of the trial Court, dated 24. 1995, made in O.S.No.1835 of 1990, on the file of the II Additional District Munsif Court, Coimbatore.

2. The suit in O.S.No.1835 of 1990, had been filed by the plaintiff, who is the appellant in the present second appeal, praying for the relief’s of declaration and permanent injunction.

3. The short facts of the case, as stated by the plaintiff, are as follows:

The plaintiff is the owner of service connection No.716, at Rathinapuri in Coimbatore and she is the owner of a Textile Unit registered as a Small Scale Industry. The sanctioned load of energy for the said service connection was 50 H.P. The Small Scale Industrial Unit is also having a generator with the capacity of 52.5 KVA for additional power supply. The generator was connected to 65 H.P. Textile Machinery, while 34.5

H.P. out of the sanctioned load of 50 H.P. had been put to use. Only 34.5 H.P. has been connected to the service connection, on 5. 1990. Since the generator was under r





























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