K.CHANDRU
Hi-Tech Mineral Industries Covai (P) Limited & Others – Appellant
Versus
The Tamil Nadu Electricity Regulatory Commission & Others – Respondent
"Large-scale theft of electricity is a very alarming problem faced by all the State Electricity Boards in our country, which is causing loss to the State revenue running in hundreds of crores of rupees every year. In our considered view, after proper adjudication of the cases of all those who are found to be guilty of the offence of committing theft of electricity; apart from the sentence of conviction, the court should invariably impose heavy fine making theft of electricity a wholly non-profitable venture. The most effective step to curb this tendency perhaps could be to discontinue the supply of electricity to those consumers temporarily or permanently who have been caught abstracting electricity in a clandestine manner on more than one occasion. The legislature may consider incorporating this suggestion as a form of punishment by amending Section 39 of the Electricity Act, 1910."
These observations made by the Supreme Court in Jagmodhan Mehatabsing Gujaral v. State of Maharashtra reported in (2006) 8 SCC 629 will set the tone for deciding the issues raised in these writ petitions questioning the vires of the amendment made to the Electricity Act, 2003 and the Regulat
124. T.N. SEB v. Central Electricity Regulatory Commission (2007) 7 SCC 636
126. Suresh Jindal v. Bses Rajdhani Power Ltd. (2008) 1 SCC 341
3. The Executive Engineer (Distribution), TNEB
5. K.I.Shephard and others Vs. Union of India and others 1987 (4) SCC 431
7. District Registrar and Collector
9. Bidhannagar (Salt Lake) Welfare Assn. Vs. Central Valuation Board and others 2007 (6) SCC 668
12. State of Karnataka and another Vs. H.Ganesh Kamath and others 1983 (2) SCC 402
14. Devi Das Gopal Krishnan Vs. State of Punjab and others AIR 1967 SC 1895
16. Hamdard Dawakhana and another Vs. The Union of India and others AIR 1960 SC 554(1)
19. State of A.P. v. McDowell & Co.(1996) 3 SCC 709
21. Sub-Divisional Officer (P) v. Dharam Pal (2006) 12 SCC 222
125. Maharashtra Electricity Regulatory Commission v. Reliance Energy Ltd. (2007) 8 SCC 381
1. Jagmodhan Mehatabsing Gujaral v. State of Maharashtra (2006) 8 SCC 629
8. Mardia Chemicals Ltd. and others Vs. Union of India and others 2004 (4) SCC 311
10. Agricultural Market Committee Vs. Shalimar Chemical Works Ltd. 1997 (5) SCC 516
11. State of Uttaranchal and others Vs. Kharak Singh 2008 (8) SCC 236
13. M/s.Jalan Trading Co. Private Ltd. Vs. Mill Mazdoor Sabha AIR 1967 SC 691
20. Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector & ETIO (2007) 5 SCC 447
122. Bombay Electricity Supply and Transport Undertaking v. Laffans (India) (P) Ltd. 2005 4 SCC 327
123. Hyderabad Vanaspathi Ltd. v. A.P. SEB (1998) 4 SCC 470
18. Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. (2007) 6 SCC 236
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